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Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for volume 40, issue 2.

The Kosovo Case: An Argument For A Remedial Declaration Of Independence, Samuel Ethan Meller

Georgia Journal of International & Comparative Law

No abstract provided.

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry

Georgia Journal of International & Comparative Law

No abstract provided.

European Arrest Warrants In The Uk: What Can Britain Learn From American Due Process?, Andrei Vlad Ionescu

Georgia Journal of International & Comparative Law

No abstract provided.

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.

You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley

Georgia Journal of International & Comparative Law

No abstract provided.

U.S. Trade Policy: Increased Emphasis On Worker Rights, Marisa Anne Pagnattaro

Georgia Journal of International & Comparative Law

No abstract provided.

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

This is the Table of Contents for Volume 40, Issue 3.

Navajo Nation Labor Commission Appellants' Opening Brief, Paul Spruhan

Faculty Scholarship

The District Court erred when it concluded the Navajo Nation’s employment jurisdiction over the school districts was “plainly lacking,” and the Court was required to stay or dismiss the case pending the school districts’ exhaustion of its remedies in the Navajo Nation courts. Under the plainly lacking exception, this Court requires exhaustion of tribal remedies when jurisdiction is “plausible” or “colorable.” Under the circumstances of the case, which concerns treaty rights, tribal-state relations, and the fact-intensive rules of Montana v. United States, 450 U.S. 544 (1981), the District Court could not have made that determination without a robust factual …

The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins

Lisa PytlikZillig Publications

The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …

The Santa Clara, 2013-10-24, Santa Clara University

The Santa Clara

No abstract provided.

Boyd Briefs - Oct. 24, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Dictionary Blues: Judicial Reasoning Muddied By Definition Wrangling, Marc D. Falkoff

College of Law Faculty Publications

Maybe it would be best if judges left their dictionaries on the shelf. That’s the conclusion I reached after reading an Illinois court opinion last month, in which the decision turned on the dictionary definition of a commonplace word – “presence” – whose statutory meaning was in dispute. The construction eventually adopted by the court was reasonable enough. But by relying solely on a dictionary as authority, the court reflected a troubling trend nationwide. Increasingly, dictionaries are used to make the resolution of cases appear to be the product of common sense and unchallengeable authority, rather than of policy decisions …

Order On Motion For An Order To Show Cause (Bennett L. Knight And William C. Lankford, Jr. As Trustee Of The Walter Bunzl Trusts), Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Natural Resources Defense Council, Inc. V. County Of Los Angeles, Jill A. Hughes

Public Land & Resources Law Review

ABSTRACT

On remand from the United States Supreme Court, this case addressed whether pollution exceedances in the LA MS4 stormwater drainage system made the governing entities liable. The defendants, the County of Los Angeles (County) and the Los Angeles County Flood Control District (District), argued proof of individual entities discharging the pollutants was required under the Clean Water Act. Plaintiffs, Natural Resources Defense Council (NRDC) and Santa Monica Baykeeper, argued the defendants violated the National Pollutant Discharge Elimination System (NPDES) permit and were therefore liable, despite lack of data determining the County’s portion of contribution to exceedances. The Ninth Circuit …

Town Of Nags Head V. Toloczko, Kevin Michael Emmerich

Public Land & Resources Law Review

Homeowners sought relief and damages in federal court for the condemnation of their ocean front cottage amid the vacillating doctrines of state and municipal law that shift as frequently as the sands that delineate the property’s status.

Western Montana Water Users Assoc., Llc V. Mission Irrigation District, David A. Bell

Public Land & Resources Law Review

The Western Montana Water Users challenged the authority of the Flathead Joint Control Board to enter into a Water Use Agreement with Tribal, State, and Federal governments. This procedural challenge alleged that the Joint Control Board, made up of the irrigation districts, did not have the ability under Montana statutes to act for the irrigators without a specific vote of the members and approval from the district court. Two days after receiving the case the Montana Supreme Court reversed, determining that the statutes were inapplicable and the Joint Control Board had authority to enter the agreement.

Alaska Wilderness League V. U.S. Epa, Maxwell Kirchhoff

Public Land & Resources Law Review

In this case, the Ninth Circuit deferred to the EPA’s interpretation of a statute concerning whether increment requirements were applicable to a temporary source pollutant. The court held that Shell Offshore, Inc. was not required to analyze the potential impact of an offshore drill barge, the Kulluk, under the Clean Air Act. Additionally, the plaintiffs’ challenge concerning the Kulluk's impact on ambient air was defeated pursuant to Resisting Environmental Destruction on Indigenous Lands, REDOIL v. EPA.

Moerman V. Prairie Rose Resources, Inc., Carolyn A. Sime

Public Land & Resources Law Review

No abstract provided.

City Of Livingston V. Park Conservation District, Graham Coppes

Public Land & Resources Law Review

On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …

The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch

Georgetown Law Faculty Publications and Other Works

The District of Columbia is the epicenter of lobbying in the United States. With the presence of the Congress, the Executive Branch and its various Departments and independent agencies, few industries, trade associations or large businesses lack a Washington-based government relations arm. Law firms and lawyers fill in the gaps for those entities that lack a Washington presence or supplement in-house staffing with additional expertise and contacts.

Under these circumstances, it should come as no surprise that the bar authorities in the District of Columbia have examined the issue of lawyers and lobbying and implemented rules that differ from the …

Ndls Update 10/22/2013, Notre Dame Law School

NDLS Update

No abstract provided.

To File Or Not To File A Notice To Appear: Improving The Government's Use Of Prosecutorial Discretion, Penn State Law Immigrants' Rights Clinic

Center for Immigrants' Rights Clinic Publications

A report by the Penn State Law Immigrants' Rights Clinic that highlights the rate and circumstances surrounding Notice to Appear (NTA) filings at the immigration court.

Health Workforce Needs: Projections Complicated By Practice And Technology Changes, Rob Cunningham

National Health Policy Forum

As population growth and the aging of the overall population increase demand for health care, policymakers and analysts posit whether sufficient health care providers will be able to meet that demand. Some argue there are too few providers already; others say our current supply-demand problems lie with efficiency. But suppose both are correct? Perhaps the real challenge is to understand how physician practices are changing in response to market forces such as payment changes, provider distributions, and technology innovations. This issue brief reviews what is known about evolving practice organizations, professional mixes, information technology support, and the implications of these …

Health Law And Policy In The News, Paul Cenoz, Alexis Etow, Thomas Kniffen, Melissa Lim, Achieng Ragwar, Carrie Ellen Sager, Kate Weston

Health Law and Policy Brief

No abstract provided.

A Conversation With Anand Grover, United Nations Special Rapporteur On The Right To Health, Natassia Rozario

Health Law and Policy Brief

No abstract provided.

Health Care Reform: Is The Individual Mandate Constitutional, Abigail Schopick

Health Law and Policy Brief

No abstract provided.

The Cost Of Living: Adapting The Comparative Effectiveness Approach To Health Care Coverage For Terminal Patients, Kara Karlson

Health Law and Policy Brief

No abstract provided.

How Implementing A Prescription Drug Prior Authorization Program Can Decrease Medicare Spending, Krista Maier

Health Law and Policy Brief

No abstract provided.