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2014

American University Washington College of Law

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Articles 1 - 30 of 325

Full-Text Articles in Law

Environmental Disasters And Human Health Consequences: A Year In Review, Susan Johnson, Blythe Brauer, Samantha Bird, Andrea Abergel, Jon Davey, Mary Strayhorne Dec 2014

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 Dec 2014

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. Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

Editor's Note, Veronica Kennedy

Sustainable Development Law & Policy

No abstract provided.


Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty Dec 2014

Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty

Presentations

No abstract provided.


Foreign Investments And The Market For Law, Susan Franck Dec 2014

Foreign Investments And The Market For Law, Susan Franck

Articles in Law Reviews & Other Academic Journals

In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.


Claim Clarity At The Uspto, Jonas Anderson Dec 2014

Claim Clarity At The Uspto, Jonas Anderson

Presentations

Slide page 23-29


Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers Dec 2014

Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers

Reports

White paper for the American Council on Education, published as Appendix IV, Recalibrating Regulation of Colleges and Universities, Report of the Task Force on Federal Regulation of Higher Education, 90-125 (2015), available at http://www.help.senate.gov/imo/media/Regulations_Task_Force_Report_2015_FINAL.pdf


Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall Nov 2014

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 Nov 2014

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 Nov 2014

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 Nov 2014

Editor's Welcome, Zachary I. Gold

Legislation and Policy Brief

No abstract provided.


The Rooney Rule, N. Jeremi Duru Oct 2014

The Rooney Rule, N. Jeremi Duru

Popular Media

No abstract provided.


Globalization And The Transformation Of Legal Practice: Implications For Jd Legal Education, Theresa Kaiser Oct 2014

Globalization And The Transformation Of Legal Practice: Implications For Jd Legal Education, Theresa Kaiser

Global Presentations

This presentation to the WCL faculty is focused on changes that have taken and are taking place in the business world and the practice of law. It addresses the profile of the US population and of WCL students.


The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams Oct 2014

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …


An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith Sep 2014

An End To Silence: Inmate's Handbook On Identifying And Addressing Sexual Abuse, 3rd Edition, Brenda V. Smith

Reports

"Though many correctional agencies have taken steps to comply with PREA standards and create safer environments for individuals in their care, inmates in custody still face sexual abuse and harassment by staff or other inmates. Staff and inmates still report problems identifying those at risk of sexual abuse, reporting sexual abuse, and holding those responsible for sexual abuse accountable. This publication is a tool for educating inmates about legal and other mechanisms, including the Prison Rape Elimination Act (PREA), that can provide protection and redress from sexual abuse in custodial settings" (p. 5). Sections of this handbook are: introduction; what …


Sam Survives, Brenda V. Smith, Jaime M. Yarussi Sep 2014

Sam Survives, Brenda V. Smith, Jaime M. Yarussi

Books

Sponsored by Ford Foundation

This publication is an excellent graphic novel for male youthful inmates, those under 18 years of age, which provides them vital information about possible exposure to sexual abuse in adult correctional settings. "The novel raises several important issues including: (1) the code of silence among inmates and correctional staff in a facility; (2) beliefs about protective pairing; (3) the experience of gender non-conforming inmates; and (4) and female staff as perpetrators of sexual abuse". It is a prime educational tool developed with the Inmate Education Standard, § 115.33 of the National PREA Standards released on May …


Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq. Aug 2014

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 Aug 2014

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 Aug 2014

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 Aug 2014

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 Aug 2014

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 …


Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax Aug 2014

Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

When I first proposed teaching a seminar on The Wire at the George Washington University Law School in 2010, I encountered very disparate reactions. Those unfamiliar with the show generally wondered whether the law school curriculum was any place for a course with the name of a popular television drama in the title. Those who had heard glowing things about, but had not seen, The Wire typically professed their intention to watch the show but shared the skepticism of the former group on its suitability as the focus of a law school course. Finally, those who had viewed the series …


Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon C. Butler, Meredith Jacob Jul 2014

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon C. Butler, Meredith Jacob

Amicus Briefs

No abstract provided.


Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob Jul 2014

Brief For Amicus Curiae Law Professors And Scholars In Support Of Apellee, In Authors Guild V. Google, Inc., Michael W. Carroll, Brandon Butler, Meredith Jacob

Joint PIJIP/TLS Research Paper Series

No abstract provided.