Law Commons^™

Environmental Disasters And Human Health Consequences: A Year In Review, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne

Sustainable Development Law & Policy

No abstract provided.

Requiring The Use Of Tracers In Hydraulic Fracturing Fluid To Trace Alleged Contamination, Stephanie Kurose

Sustainable Development Law & Policy

No abstract provided.

When Big Oil Comes To A Small Town: The Exxonmobil Oil Spill In Mayflower In Context, James D. Hekel Jr.

Sustainable Development Law & Policy

No abstract provided.

The Gold War Of Romania: Sustainable Development Or Irreversible Damage?, Alexandra Manea

Sustainable Development Law & Policy

No abstract provided.

The Health Consequence Of Genetically Modified Organisms And Lack Of Regulation: Genetically Engineered Food Linked To Rise In Autism Prevalence, Victoria H. Peters

Sustainable Development Law & Policy

No abstract provided.

Rubber-Stamped Regulation: The Inadequate Oversight Of Genetically Engineered Plants And Animals In The United States, Genna Reed

Sustainable Development Law & Policy

No abstract provided.

The Minamata Convention On Mercury: Past, Present, And Future Environmental Health, Maggie Coulter

Sustainable Development Law & Policy

No abstract provided.

Driving Innovation: How Stronger Laws Pull Safer Chemicals Into The Market, Baskut Tuncak

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Veronica Kennedy

Sustainable Development Law & Policy

No abstract provided.

Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall

Legislation and Policy Brief

No abstract provided.

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …

Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs

Legislation and Policy Brief

No abstract provided.

Editor's Welcome, Zachary I. Gold

Legislation and Policy Brief

No abstract provided.

Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.

Legislation and Policy Brief

When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …

How Reforming The Tort Of Negligent Hiring Can Enhance The Economic Activity Of A State, Be Good For Business And Protect The Victims Of Certain Crimes, Shawn D. Vance

Legislation and Policy Brief

This article will focus on reforming the tort of negligent hiring to limit the liability of employers while also ensuring the compensation of certain victims when the employer fails to meet the requirements of the reformed tort. While the tort is currently recognized by most states, the states that have recognized the tort have different standards for liability and little clarity is provided to employers on how to avoid liability. By creating certainty in the marketplace through a reformed negligent hiring tort, states can encourage business activity from civic-minded businesses while holding businesses, which fail to exhibit good civic behavior, …

Far From Fair, Farther From Efficient: The Ftc And The Hyper-Formalization Of Informal Rulemaking, Cooper J. Spinelli

Legislation and Policy Brief

Partially concerned with the proliferation of the “New Deal” agencies, Congress saw theAPAas a “compromise measure.” That is, Congress designed it to afford “uniformity and fairness in administrative procedures without at the same time unduly interfering with the efficient and economical operation of government.” Scholars and jurists from across the political spectrum have recognized that the notice-and-comment process allows for relative flexibility that can help “foster better government” by setting policy prospectively and expeditiously, thereby striking a reasonable balance between fairness and efficiency. In contrast to adjudicative measures, informal rulemaking can offer holistic treatment to market disorders—with considerable public input—without …

Is Statutory Immunity For Spaceflight Operators Good Enough?, Maria-Vittoria “Giugi” Carminati

Legislation and Policy Brief

Over the past decade, the commercial spaceflight industry has seen a growth never witnessed before. The likes of Virgin Galactic and Xcor are promising suborbital flights to anyone willing to pay the price. Golden Spike is selling tickets to the moon. And SpaceX was re-supplying the ISS as a commercial provider as of 2012. States have responded to this growth by trying to make themselves more attractive to these commercial providers of space services (hereinafter generally referred to as “spaceflight entities”). Attractiveness has become synonymous with overt efforts to decrease spaceflight entities’ liability from injuries to their spaceflight participants (“SFPs”). …

Can Consumers Bring State Claims For Furnisher Errors On Their Credit Reports, Catherine Bourque

Legislation and Policy Brief

In an increasingly digital world, it can often feel like numbers define us. Whether your social security number, your phone number, or your credit score, the cold truth is that your identity is often boiled down to a single number. In the financial world, your credit score traditionally defines your eligibility for credit and the cost of credit, but the uses of credit scores have expanded to include premiums for insurance, employment eligibility, and other non-financial determinations. Particularly in tough financial times, small fluctuations in credit scores can have large impacts on consumers’ access to affordable credit.

As furnishers and …

The Patient Readmission Rate Penalty In The Affordable Care Act, Yoni E. Anija

Health Law and Policy Brief

No abstract provided.

A Business Case For Universal Healthcare: Improving Economic Growth And Reducing Unemployment By Providing Access For All, David Sterret, Ashley Bender, David Palmer

Health Law and Policy Brief

No abstract provided.

One Click Away From Untangling The Web: The United States Food And Drug Administration & Interactive Promotional Media, Abraham Gitterman

Health Law and Policy Brief

No abstract provided.

In Memoriam, Health Law And Policy Brief

Health Law and Policy Brief

No abstract provided.

U.S. Food Aid Reform Through Alternative Dispute Resolution, Delilah J. Griswold

Sustainable Development Law & Policy

No abstract provided.

Article Xx: Protector Of Public Health, The Environment, And The New Provisions Of European Union’S Fuel Quality Directive, Joy Marie Virga

Sustainable Development Law & Policy

No abstract provided.

Indonesia’S Role In Realizing The Goals Of Asean’S Agreement On Transboundary Haze Pollution, David B. Jerger Jr

Sustainable Development Law & Policy

No abstract provided.

Genetically Modified Food: A Golden Opportunity?, Susan Johnson

Sustainable Development Law & Policy

No abstract provided.

Laplace Rising: The Story Of How A Tiny Community In Southern Louisiana Will Save The Largest Delta In North America, J. Robert Hudson

Sustainable Development Law & Policy

No abstract provided.

Oversight And Accountability Of Water Privatization Contracts: A Proposed Legislative Policy., Mary Strayhorne

Sustainable Development Law & Policy

No abstract provided.

How Environmental Review Can Generate Car-Induced Pollution: A Case Study, Michael Lewyn

Sustainable Development Law & Policy

No abstract provided.

As The World Welcomes Its Seventh Billionth Human: Reflections And Population, Law, And The Environment, Robert Hardaway

Sustainable Development Law & Policy

No abstract provided.