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Articles 751 - 780 of 12634
Full-Text Articles in Law
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman
Seattle University Law Review
Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin
Seattle University Law Review
Washington’s application of the collateral source rule permits recovery for medical expenses that were never incurred and have no relationship to their market value. This application is set forth in Hayes v. Wieber Enterprises, Inc., where the plaintiff sued a restaurant for injuries she sustained from falling down the restaurant’s basement stairs. Why should the collateral source rule compel the defendant in Hayes to pay the original amount billed, $5,800, when the physician accepted $3,300 as payment in full? Is not $3,300 the reasonable or market value of the medical services provided to the plaintiff? This Comment discusses whether Washington …
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom
Seattle University Law Review
Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood
Seattle University Law Review
For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …
November 21, 2014: The Secular Death Penalty, Bruce Ledewitz
November 21, 2014: The Secular Death Penalty, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Secular Death Penalty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Vawa @ 20: Improving Civil Legal Assistance For Ending Gender Violence, Elizabeth L. Macdowell
Vawa @ 20: Improving Civil Legal Assistance For Ending Gender Violence, Elizabeth L. Macdowell
City University of New York Law Review
No abstract provided.
Vawa In The Lives Of Battered South Asian Women In The United States, Shamita Das Dasgupta
Vawa In The Lives Of Battered South Asian Women In The United States, Shamita Das Dasgupta
City University of New York Law Review
No abstract provided.
Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger
Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Criminal Justice Faculty Publications
Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …
Appeal No. 0888: Edco Drilling And Producing, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0888: Edco Drilling And Producing, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-254 (Hedrick #1A Well)
Vawa @ 20: The Gender Justice Movement: The Fullest Expression Of The Former Battered Women's Movement And The Domestic Violence Movement, Tiloma Jayasinghe
Vawa @ 20: The Gender Justice Movement: The Fullest Expression Of The Former Battered Women's Movement And The Domestic Violence Movement, Tiloma Jayasinghe
City University of New York Law Review
No abstract provided.
Vawa @ 20: The Mainstreaming Of The Criminalization Critique: Reflections On Vawa 20 Years Later, Mimi E. Kim
Vawa @ 20: The Mainstreaming Of The Criminalization Critique: Reflections On Vawa 20 Years Later, Mimi E. Kim
City University of New York Law Review
No abstract provided.
Vawa @ 20: Vawa And Welfare Reform: Criminalizing The Most Marginalized Women, Ann Cammett
Vawa @ 20: Vawa And Welfare Reform: Criminalizing The Most Marginalized Women, Ann Cammett
City University of New York Law Review
No abstract provided.
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh
Faculty Scholarship
On November 21, 2014, 15 professors of antitrust law at leading U.S. universities submitted an amicus brief in the O'Bannon v. NCAA 9th Circuit appeal in support of the NCAA. They have an interest in the proper development of antitrust jurisprudence, and they agree that the court below misapplied the “less restrictive alternative” prong of the rule of reason inquiry for assessing the legality of restraints of trade under Section 1 of the Sherman Act, 15 U.S.C. § 1. They are concerned that the district court’s approach to the antitrust rule of reason, if affirmed, would grant undue authority to …
Boyd Briefs - Nov. 20, 2014, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Boyd Briefs - Nov. 20, 2014, 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.
November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz
November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz
Hallowed Secularism
Blog post, “Not Serving the Interests of the Country“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals
Americanwest Bank, Formerly Known As Far West Bank V Sandy G. Kellin : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
APPEAL FROM THE THIRD DISTRICT COURT FOR SUMMIT COUNTY, UTAH, JUDGE TODD M. SHAUGNESSY
Genocide To Gaming: Cahuilla Activism And The Tribal Casino Movement, Theodor P. (Ted) Gordon
Genocide To Gaming: Cahuilla Activism And The Tribal Casino Movement, Theodor P. (Ted) Gordon
Forum Lectures
What began with a poker club on an isolated Indian reservation in the California desert now rivals the commercial casino industry. While Indian casinos have rapidly transformed native and non-native communities across North America, their growth entails indigenous traditions practiced for millennia. For the Cabazon Band, who opened that first poker club and later defended it before the Supreme Court, gambling is linked to their tradition of self-determination. In fact, the Cahuilla nations, which include the Cabazon Band, continue to exert cultural practices that have significantly altered California's development since the arrival of Europeans, even during state-endorsed genocide. After the …
Zick On Public Protest And Ferguson, Timothy Zick
The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege
The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege
Georgetown Law Faculty Publications and Other Works
A clear lesson of the Ebola epidemic in West Africa is the need for strong public health systems globally, including in the United States. Ebola has highlighted the dangers of weak public health systems, from the immense shortage of health workers in West Africa to the budget cuts at the U.S. Centers for Disease Control and Prevention. In response to Ebola and the broader threat of infectious disease, President Obama has proposed a $6.2 billion supplemental funding request to Congress. The supplemental would surge resources for containing and treating Ebola in West Africa -- including a reserve of funds to …
Transportation Funding In Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Transportation Funding In Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
In a report to the Arkansas Joint Senate and House Education Committee meeting in September 2014, Picus Odden & Associates recommended that the Legislature change the state’s transportation funding system. Currently, transportation funding is distributed from the state to districts on a per pupil basis as a part of the unrestricted foundation formula. In doing so, the system does not account for the variation in costs of transportation for districts across the state; therefore, Picus Odden & Associates recommended that the state’s transportation funding structure be changed. The purpose of this policy brief is to highlight transportation funding in Arkansas …
Reverse Cross-Listings -- The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya S. Khanna
Reverse Cross-Listings -- The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya S. Khanna
Law & Economics Working Papers
This paper examines the implications for the traditional "legal bonding" hypothesis arising from future "reverse" cross-listings, meaning the cross-listing by issuers from jurisdictions with stronger investor protections into capital markets and on exchanges where investor protections are deemed less robust. We use as examples the first "Indian Depositary Receipt" or IDR IPO in May 2010, and IPOs we believe will complete on a future Shanghai Stock Exchange "international board". This analysis serves to dilute one of the long-standing negative implications of the traditional legal bonding account -- that reverse cross-listings by issuers from jurisdictions with stronger investor protections into weaker …
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill
NULR Online
No abstract provided.
A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye
Villanova Law Review (1956 - )
No abstract provided.
Unfair And Inactionable: The Case For A Private Cause Of Action For Business And Investment Activity Under Pennsylvania's Unfair Trade Practices And Consumer Protection Law, Mark T. Wilhelm
Villanova Law Review (1956 - )
No abstract provided.
Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall
Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall
Legislation and Policy Brief
No abstract provided.