Law Commons^™

Clever Titles And Insurance Don't Mix: How Dodging Liability Will Allow Insurance Companies To Become A Major Player In Climate Change Law And Policy Reform, Samantha Daily

San Diego Journal of Climate & Energy Law

While some of the worlds governments and industries have taken action and enforced regulations attempting to mitigate the effects of climate change, the United States has been slow to join. An increasing number of groups and public figures in the United States, however, have started to strongly advocate for climate change policy reform including stricter laws and policies. The insurance sector is a group that can influence the United States to take actions to mitigate the effects of climate change.
The insurance industry comprises a significant part of the United States economy. In 2013, net premiums written for the property …

The Dirty Effects Of Clean Energy Technology: Supportive Regulations To Promote Recycling Of Lithium Ion Vehicle Batteries, Liz Harland

San Diego Journal of Climate & Energy Law

The discovery of potential environmental, geo-political, and human health concerns from the production and disposal of millions of Li-ion batteries each year demands stronger government policies to encourage recovery, recycling and reuse of Li-ion battery materials. The increasing demand for lithium will potentially shift the resource curse experienced by oil-rich countries to lithium-rich countries in South America, such as Chile, Argentina, and Bolivia. Part II of this Comment provides an overview of the negative impacts associated with the mining, production, and disposal of Li-ion batteries. It examines the environmental and human health effects of mining lithium on surrounding communities, and …

Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey

San Diego Journal of Climate & Energy Law

Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.

Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz

San Diego Journal of Climate & Energy Law

In the absence of effective international and federal initiatives to combat the impacts of global climate change, many state, local and regional jurisdictions are passing or proposing measures to curb carbon dioxide (CO2) emissions. The province of British Columbia, Canada, as well as the cities of San Francisco, California and Boulder, Colorado have carbon taxes in place, and similar actions have been proposed in the Oregon and Washington state legislatures. The state of California and the province of Québec have linked together in a joint cap-and-trade system. This Article will examine the fundaments of carbon taxation, including identification of the …

Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bai Xiao

Hofstra Law Faculty Scholarship

No abstract provided.

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the constitutional text: none. Instead, we should be debating which rights of citizens against governmental agencies should also …

Legislation's Culture, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

American statutes can seem like labyrinthine mazes when compared to some countries’ legislation. French codes are admired for their intellectual elegance and clarity. Novelists and poets (Stendhal, Valéry) have considered the Code civil to be literature. Swedish legislation might be based on empirical research into problems the legislation is intended to remedy, and the drafting style, though modern today, is descended from an oral tradition of poetic narrative.

Comparing these legislative cultures with our own reveals that the main problem with American legislation is not too many words. It is too many ideas — a high ratio of concepts per …

"Ev'ry American Experiment Sets A Precedent": Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Allison Caffarone, Meg Holzer

Hofstra Law Faculty Scholarship

July 22, 2016. A Florida state court dismisses a three-count information against a sole defendant in "a Miami money-laundering case that is being closely watched around the world." The defendant, a dealer of the virtual currency bitcoin, is free to go. He is also free to continue engaging in the sale of bitcoin. This "victory for bitcoin users" was the first state court case to address Bitcoin in the context of the money services business and anti-money laundering statutes. And on every front, the court got it wrong — while the world was watching. Federal and state prosecutors, defense attorneys, …

Transactional Planning And Advice, Linda Galler, Michael B. Lang

Hofstra Law Faculty Scholarship

No abstract provided.

The Need For Annotated Corpora From Legal Documents, And For (Human) Protocols For Creating Them: The Attribution Problem, Vern R. Walker

Hofstra Law Faculty Scholarship

This paper argues that in order to make progress today in automating argumentation mining from legal documents, we have a critical need for two things. First, we need a sufficient supply of manually annotated corpora, as well as theoretical and experimental evidence that those annotated data are accurate. Second, we need protocols for effectively training people to perform the tasks and sub-tasks required to create those annotations. Such protocols are necessary not only for a team approach to annotation and for quality assurance of the finished annotations, but also for developing and testing software to assist humans in the process …

Distributed Energy Resources: Back To The Future And More, James E. Hickey Jr.

Hofstra Law Faculty Scholarship

No abstract provided.

Modern Critiques Of Judicial Empathy: A Revised Intellectual History, Brenner M. Fissell

Hofstra Law Faculty Scholarship

The role of "empathy" haunts recent debates about how judges make decisions. Remarkably, however, the intellectual origins of scholarly resistance to empathic judging remain poorly understood. This Article fills that gap. Through historical and theoretical study, it reveals the ways in which the modern anti-emphatic consensus can be seen as a mutated descendent of late-nineteenth century formalism. This Article also marks an irony with significant implications for the empathy debate: Although the anti-empathic view was born offormalism, it has drifted from its source such that it would almost certainly be condemned by the very formalist scholars from whom it is …

New Models For Prosecutorial Accountability, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Prosecutorial Accountability 2.0, Ellen Yaroshefsky, Bruce A. Green

Hofstra Law Faculty Scholarship

No abstract provided.

The Future Of Finance Colloquium, Ira M. Millstein Center For Global Markets And Corporate Ownership

Ira M. Millstein Center for Global Markets and Corporate Ownership

On April 25, 2014, the Ira M. Millstein Center for Global Markets and Corporate Ownership and the CFA Institute hosted the Future of Finance Colloquium. The following is a summary of the panel discussions.

Inversions: Implications For Tax Planning, Tax Policy, And Corporate Governance, Ira M. Millstein Center For Global Markets And Corporate Ownership

Ira M. Millstein Center for Global Markets and Corporate Ownership

On February 27, 2015, the Ira M. Millstein Center for Global Markets and Corporate Ownership, the Richard Paul Richman Center, the Charles Evans Gerber Transactional Studies Center, and David Polk & Wardwell hosted a conference on Inversions: Implications for Tax Planning, Tax Policy, and Corporate Governance. The following is a summary of the panel discussions.

Proxy Access 2.0: A Recap On 1.0 And The Economic Analysis, Ira M. Millstein Center For Global Markets And Corporate Ownership

Ira M. Millstein Center for Global Markets and Corporate Ownership

On April 27, 2015, the Ira M. Millstein Center for Global Markets and Corporate Ownership and the CFA Institute hosted a discussion on the state of proxy access. The following is a summary of the panel discussion.

Key Topics In Corporate Governance: Disclosure, Ira M. Millstein Center For Global Markets And Corporate Ownership

Ira M. Millstein Center for Global Markets and Corporate Ownership

On June 18, 2015, the Ira M. Millstein Center for Global Markets and Corporate Ownership hosted a symposium on transparency in the corporate and investment communities. The half-day event brought together prominent speakers from the business, regulatory and academic sectors to discuss current trends and emerging issues associated with disclosure. In a related vein, panelists also debated the case for furthering engagement with retail investors whose needs and resources may differ, at times substantially, from their institutional counterparts. The following is a summary of the panel discussions.

The Abstract Void In Practice: Has The Statutory Business Judgment Rule Changed The ‘Acoustic Separation’ Between Conduct And Decision Rules For Directors’ Duty Of Care?, Sergio Alberto Gramitto Ricci, Jake Miyairi

Hofstra Law Faculty Scholarship

A recent outpouring of director sentiment claims that the stringency of directors’ duty of care is stifling entrepreneurial growth. This article explores whether the statutory business judgment rule has enhanced directors’ protection for legitimate commercial decisions, or clarified their liability for due care — the two express justifications behind its enactment. Directors’ protection for entrepreneurial decision-making cannot be amplified without broadening the pre-existing abstract void between the duty of care — as a conduct rule — and the general law ‘business judgment principle’ — as a decision rule. But Parliament’s desire to clarify and confirm the existing general law business …

Aren’T I A Woman? Deconstructing Sex Discrimination And Freeing Transgender Women From Solitary Confinement, Faroat Andasheva

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Editorial Board

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

How Radical Is Reproductive Justice? Remarks For The Fiu Law Review Symposium, Rachel Rebouche´

FIU Law Review

No abstract provided.

Abortion Travel And The Limits Of Choice, Lisa M. Kelly

FIU Law Review

No abstract provided.

Introduction, Cyra Akila Choudhury

FIU Law Review

No abstract provided.

Laws Of Conception: A Queer Genealogy Of Canada’S Assisted Human Reproduction Act, Stu Marvel

FIU Law Review

No abstract provided.

Politically Correct Eugenics, Seema Mohapatra

FIU Law Review

No abstract provided.

You Can Build A Wall Or Deport Them, But You Can’T Take Away Their Guns: An Analysis Of Why Non-U.S. Citizens Are “The People” Under The Second Amendment, Andrew Figueroa

FIU Law Review

No abstract provided.

Juvenile Offenders: Victims Of Circumstance With A Potential For Rehabilitation, Andrea Huerta

FIU Law Review

No abstract provided.