Law Commons^™

El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Commonwealth And Constitution, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.

Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)

Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …

Linguistic Minorities, Migration And The Nation State, Henri Jeanjean, Lidia Bilbatua, Gaetano Rando, Antonio Simoes Da Silva

Tony Simoes da Silva

The last thirty or so years have seen the influx of millions of people from Africa, the former Soviet Union, the Indian sub-continent, middle and far east into EU countries leading to the formation of new culturally, linguistic and religiously diverse minorities in the areas where they have settled. This paper proposes to address the question of how established minorities react to this inflow of other minorities, and specifically how linguistic minorities face this new situation by taking as a specific case study the centuries- old Occitan, Catalan and Corsican minorities in their diverse sociohistorical and political contexts that range …

Feminism And The Nation-State In Japan, Vera C. Mackie

Vera Mackie

The first Japanese edition of the book appeared at the height of debates about the interpretation of the Asia-Pacific War, debates which were also linked to conflicts about how the past should be represented in school textbooks.2 Much of this controversy revolved around the issue of enforced military prostitution/military sexual slavery.3 In 1991 Kim Hak-Sun (1924–1997) was one of the few women to come out in public in her own name to narrate her experiences in the enforced military prostitution system and demand an apology and compensation from the Japanese government. She was soon joined by survivors from Korea and …

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Peter G. Danchin

This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …

Law Of The Land – Year In Review, Patricia E. Salkin

Patricia E. Salkin

This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …

Legal Summaries, Jeremy Black

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

Professor Ben M Tsamenyi

No abstract provided.

The Exercise Of Coastal State Jurisdiction Over Eez Fisheries Resources: The South Pacific Practice, Ben Tsamenyi

Professor Ben M Tsamenyi

One of the new concepts that emerged from the Third Law of the Sea Conference is that of the exclusive economic zone. Coastal states, particularly developing countries, have, by extending their fisheries jurisdiction to 200 nautical miles, acquired considerable problems of enforcement because of physical and economic costs involved. To minimize these, developing countries in the South Pacific are cooperating through the South Pacific Forum Fisheries Agency Convention, inter alia, to devise new strategies of enforcement. A most useful device adopted has been compilation of a Regional Register of Fishing Vessels in "good standing'. -Author

Navigation Through Archipelagos: Current State Practice, Clive Schofield, Ben Tsamenyi, Ben Milligan

Professor Ben M Tsamenyi

No abstract provided.

Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup

Pepperdine Law Review

This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.

State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena

Pepperdine Law Review

California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.

Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber

Faculty Publications

This article begins with a current look at the deployment of drones domestically, both in terms of their use and the procedure for attaining approval for flight. Part II examines the capabilities of drones. Part III considers the Supreme Court's current Fourth Amendment jurisprudence and its application to law enforcement's use of drones. Part IV reviews existing and proposed federal and state regulation of drones. Part V offers constitutional and legislative prescriptions for regulating drones.

A Cidade E A Copa: Exceções Do Estado E Do Direito Em Favor Da Fifa, Rafael De Oliveira Alves

Rafael de Oliveira Alves

Resumo Este trabalho pretende apresentar elementos para análise da cidade contemporânea e suas transformações para receber um megaevento esportivo: a Copa do Mundo Fifa 2014. O texto apoia-se na sistematização proposta por Edward Soja (2008). Logo, [1] os processos de reestruturação pós-fordistas, [2] a segregação socioespacial e [3] os mecanismos de encarceramento são categorias importantes para compreender as transformações urbanísticas nas cidades que serão sede de jogos de futebol em 2014 no sentido da constituição de um Estado de exceção. Pretendemos identificar as mudanças do Estado e do Direito para atender os interesses da Fifa e do capital. Assim, elencaremos …

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Faculty Scholarship

This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …

State Medical Marijuana Implementation And Federal Policy, Karen O'Keefe

Journal of Health Care Law and Policy

No abstract provided.

Brazil's Economic Success: Between The Classic And The New Developmental State Models, Gabriel Garcia

Faculty of Law, Humanities and the Arts - Papers (Archive)

In the aftermath of the Asian financial crisis, developing countries began questioning the neo-liberal development paradigm embedded in the so-called ‘Washington Consensus’ sponsored by international financial institutions such as the World Bank and the International Monetary Fund (IMF). The debate was reopened to discuss not only about which economic model was most suitable to promote development but also the role of the government and law in the development process.

Disparate Protections For American Human Trafficking Victims , Amanda Peters

Cleveland State Law Review

The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugeelike protections through the TVPA. These protections include housing, food, cash assistance, job training, counseling, medical care, legal assistance, and other services that are available for a period of several years. Victims who are Americans, on the other hand, must find protection elsewhere. The United States government specifically excludes its own trafficked citizens from receiving …

The Suicidal State And The State Of Debate, Ian M. Buchanan, Michael Ely

Faculty of Law, Humanities and the Arts - Papers (Archive)

Dr. Ian Buchanan is one of the world’s leading scholars of Deleuze and Guattari. He is a contributing editor to the “Deleuze Connections” series as well as editor of “Drain” magazine and a faculty member at the University of Wollongong in the Institution of Social Transformation Research. It is a true honor to receive his insight on the works of Deleuze and Guattari.

Michael Ely is an aspiring Deleuzian, graduate student, and debate coach at the University of Texas at San Antonio

Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele

Faculty Publications

Based on the author's experience developing and administering the course and materials, this article provides an introduction and resources to teach a graduate journalism or professional law school course on access to government, commonly called "freedom of information law", which may be constructed as a capstone course in law school. The appendices provide supporting material and references.

Feminism And The Nation-State In Japan, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

The first Japanese edition of the book appeared at the height of debates about the interpretation of the Asia-Pacific War, debates which were also linked to conflicts about how the past should be represented in school textbooks.2 Much of this controversy revolved around the issue of enforced military prostitution/military sexual slavery.3 In 1991 Kim Hak-Sun (1924–1997) was one of the few women to come out in public in her own name to narrate her experiences in the enforced military prostitution system and demand an apology and compensation from the Japanese government. She was soon joined by survivors from Korea and …

Small Business Disaster Assistance, Peggy Maisel, Natalie Roman

Faculty Scholarship

When a disaster hits, it affects the entire community. A small business is especially vulnerable because it does not necessarily have the resources to respond to a disaster or to catastrophic damage. In fact, it is reported that approximately 25 percent of small businesses that close due to a disaster never reopen, and 40 percent of small businesses hit directly by a serious natural disaster do not recover. This is true regardless of what kind of disaster is involved, from a hurricane, a tornado, an earthquake, flooding, winter storms, or even civil unrest or terrorism.

Small businesses experience a number …

When, Where And Why The First Amendment Protects The Right To Record Police Communications: A Substantial Interference Guideline For Determining The Scope Of The Right To Record And For Revamping Restrictive State Wiretapping Laws, Justin Welply

Saint Louis University Law Journal

No abstract provided.

Leasing Sovereignty: On State Infrastructure Contracts, Matthew Titolo

University of Richmond Law Review

No abstract provided.

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Law Faculty Scholarly Articles

This Article will explore the power struggle that Medicaid invites and its potential elevation due to the pressures that will follow the Patient Protection and Affordable Care Act’s (ACA) expansion. Part I of this Article will describe the three phases of private enforcement litigation and how they have affected Medicaid reimbursement rates. This Part also will highlight the deceptive stability that has taken root in the lower federal courts by describing the recent state attempts to end private enforcement actions. The first Part will conclude by briefly considering the nature of the federalism arguments that states are making. Part II …

Procedural Fairness In Election Contests, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article uncovers the different mechanisms states use to resolve election contests. One universal rule regarding post-election disputes is that "[t]here is no common law basis for election challenges." As the Iowa Supreme Court explained, "[t]he right to contest an election is only conferred by statute, and contestants must strictly comply with the provisions of the statute in order to confer jurisdiction. Thus, contestants are limited to the scheme provided by the legislature." An inquiry into election contests therefore entails a survey of state election statutes and constitutions. Although it is possible that parties may file in federal court and …

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …