Law Commons^™

New York’S Clean Energy Standard: Can Renewable Energy Development Revitalize Upstate New York’S Dying Economy?, Kelsey L. Hanson

Buffalo Environmental Law Journal

No abstract provided.

Finding A Mentor In The Practice Of Law: An Empirical Inquiry, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For many years the University of Michigan Law School has surveyed its graduates after they have been out of law school five, fifteen, twenty-five, thirty-five and forty-five years. This paper about finding mentors focuses on Michigan Law School alumni surveyed five years after graduation during the sixteen year period between 1985 and 2000 and particularly on those who have ever worked in a private law firm, a setting in which it is commonly believed that having a mentor is critical for a young lawyer’s success.

Our central findings are these: Among alumni who had worked in a law firm within …

The Increasing Reliance On Educational Loans By University Of Michigan Law School Graduates, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Among graduates of the University of Michigan Law School in the classes of 1970 through 1979, about half borrowed to pay for their college or legal education. By the early 1980s the portion who borrowed had risen to about 80 percent and has remained at that level through the classes of early twenty-first century. Even greater growth has occurred in the average debt of those who incurred debt. In actual dollars, average debts among those with debt have increased twenty-fold from the 1970s to the early 2000s. Even in CPI-adjusted dollars, average debts have tripled. By the classes of 2000-2001, …

Earth Democracy: Sustainability, Justice And Peace, Vandana Shiva

Buffalo Environmental Law Journal

No abstract provided.

Environmentalism Isn’T New: Lessons From Indigenous Law, Joseph Kowalski

Buffalo Environmental Law Journal

The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself was the source of the law, for the environmental laws were built around a relationship with the land.

Through most of human history, the western world had a similar relationship. However, the Holy Roman Empire’s interpretation of Biblical scripture, which at that time was law, forever …

Condemn(The)Nation: Holding The United States Accountable Through Inverse Condemnation Claims For Its Role In Bringing About- And Then Failing To Mitigate And Adapt To Certain Effects Of- Climate Change, Joseph Rosenberg

Buffalo Environmental Law Journal

No abstract provided.

Reconceptualizing Entrenched Notions Of Common Law Property Regimes: Maori Self-Determination And Environmental Protection Through Legal Personality For Natural Objects, Bridget Williams

Buffalo Environmental Law Journal

No abstract provided.

The Changing Student Body At The University Of Michigan Law School, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

Most of the content of the memo that follows has been previously published in the article "Who We Were and Who We Are: How Michigan Law Students Have Changed Since the 1950s: Findings from 40 Years of Alumni Surveys." T. K. Adams, co-author. Law Quad. Notes 51, no. 1 (2009): 74-80, available through this website. This memo provides more detail about changing entry credentials and about the great expansion beginning in the 1970s in the numbers of women students and of racial/ethnic minority students. It also provides information not in the article about the patterns over time in students’ …

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

The Medicare Problem: A Solution To Insolvency, Oscar Castro

Brigham Young University Journal of Public Law

No abstract provided.

Fixing Congress, Samuel A. Marcosson

Brigham Young University Journal of Public Law

No abstract provided.

Changing The Narrative: Sex Trafficking And Its Victims, Danica Baird

Brigham Young University Journal of Public Law

No abstract provided.

Mathena V. Malvo: Brief Amici Curiae Of Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, And Larry Yackle In Support Of Respondent, Leah Litman

Appellate Briefs

Amici Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, and Larry Yackle are federal courts scholars, studying the operation and purposes of federal jurisdiction and criminal law. Although they have divergent legal and political outlooks, amici share a keen interest in the federal courts, having published extensively on these topics and collected decades of experience examining issues implicated in this case.

This case concerns the scope of the constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), and held applicable on collateral review in Montgomery v. Louisiana, 136 S. Ct. 718 (2016). Respondent Lee …

Investing In Justice: A Literature Review In Support Of The Case For Improved Access, Lisa Moore, Trevor C. W. Farrow

Commissioned Reports, Studies and Public Policy Documents

The focus of this report is return on investment (ROI) and social return on investment (SROI) research in justice.

There is a growing access to justice crisis around the world. Notwithstanding the prevalence of legal problems in everyday life, people do not have adequate access to the justice information, resources and mechanisms that they need to navigate the complexities of law. This gap in access to justice negatively impacts everyone. It also comes with significant costs – to individuals and societies.

Complicating this global crisis is a lack of understanding of the nature, extent, costs and potential solutions of and …

Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum

Buffalo Law Review

Few issues are as divisive as guns in American society. In 2017, gun deaths in the United States reached their highest level in nearly forty years. The status quo is untenable as many gun rights groups feel that gun regulations are just a first step in a slippery slope of undermining the Second Amendment’s right to bear arms for self-defense. Conversely, many gun violence prevention activists insist that reasonable regulations concerning public safety can co-exist with the right to bear arms. This quagmire will never abate because on many levels both sides are right. For over 200 years, the courts …

Evolving Energy Federalism: Zero Emissions Credits And Opportunities In State Energy Policy, Matt Flaherty

San Diego Journal of Climate & Energy Law

Courts traditionally view regulation of the energy sector as a dual federalism framework in which a “bright line” separates sovereignty of the states from the power reserved to federal regulators. In particular, the Federal Power Act (FPA) grants the Federal Energy Regulatory Commission (FERC) authority over wholesale electricity markets. Courts generally interpret this authority over wholesale markets as exclusive, which ensures the federal government and states occupy different fields of the electric industry. States retain authority in fields that bookend FERC’s power over wholesale markets— electric power generation on one side and retail sales of electricity on the other…

Part …

Enforcement Mechanisms For International Standards Of Judicial Independence: The Role Of Government And Private Actors, Rachel Stopchinski

Indiana Journal of Global Legal Studies

In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwos6), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctums on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and …

Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi

Maurer Theses and Dissertations

Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …

Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, Sandeep Vaheesan

Maryland Law Review

In enacting the antitrust laws, Congress sought to prevent big businesses from maintaining and augmenting their power through collusion, mergers, and exclusionary and predatory practices and also aimed to preserve the ability of workers to act in concert. At times, the antitrust laws have benefited ordinary Americans. Antitrust achievements include the restructuring of the oil industry in 1911, the creation of competitive market structures in the mid-twentieth century, and the termination of AT&T’s telecommunications monopoly in 1984.

Yet, the history of antitrust in the United States is not one of uninterrupted successes. Over two forty-year periods, the executive branch and …

Notre Dame Lawyers Connect: August–September 2019, Notre Dame Law School

Notre Dame Lawyers Connect

2019 Homecoming

Celebrating 150 years of Notre Dame Law School

Leadership: ND Law welcomes Dean G. Marcus Cole

Networking: Sign up for Football Meet & Greets

ND Law Association: Congrats to new NDLA Board members

Alumni Notes

• James F. Basile
• Dale Recinella
• Michelle M. Porter

Fascism And Monopoly, Daniel A. Crane

Law & Economics Working Papers

The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Unit, this Article assesses the historical …

Judge Posner’S Reconstruction Of Property Theory, Rachel E. Sachs

University of Chicago Law Review

No abstract provided.

Të Drejtat E Punës Në Aspektin Krahasimorë Në Mes Të Punësuarve Në Sektorin Privat Dhe Në Sektorin Shtetërorë, Aljma Memeti

Theses and Dissertations

Mungesa e stabilitetit politik gjatë dy dekadave të fundit në Kosovë, ka për pasoj që të drejtat socio-ekonomike, përfshirë të drejtat e punës të mos respektohen ose thënë ndryshe të mos jenë në përputhje me standardet dhe konventat ndërkombëtare. Nëse analizojmë se sa respektohen të drejtat e punëtorëve të punësuar në sektorin privat, krahasuar me të drejtat e punëtorëve të punësuar në sektorin shtetërorë, mund të shohim se kushtet e punës të punëtorëve të sektorit privat janë shumë më të rënda dhe të drejtat e tyre respektohen më pak, dhe shumica e të punësuarve në sektorin privat janë pjesë e …

Terrorizmi, Ermira Gegaj

Theses and Dissertations

Terrozimi dhe aktet terroriste nuk janë fenomene vetëm të botës së sotme moderne, veprat terroriste kanë ekzistuar në forma të ndryshme duke përfshirë edhe ato më primitivet, duke pasur parasysh që zanafillën e tyre e kanë që prej kohëve më të lashta të njerëzimit.

Mund të thuhet se sot fenomenet terroriste janë duke u bërë kërcënim real për botën moderne dhe qeveritë demokratike. Fjala terrorizëm, shikuar nga aspekti filologjik, paraqet një sintezë të fjalës latine terror dhe sufiksit latin me prejardhje greke “izem”. Fjala terror rrënjët e veta i ka në foljen tras, e që do të thotë dridhje. E …

Table Of Contents

Maryland Law Review

No abstract provided.

Bringing Candor To Charitable Solicitations, David Adam Friedman

Maryland Law Review

The American public donates a staggering amount of money to nonprofit charities. These charities routinely solicit and receive money from donors for specific, earmarked purposes. Often, however, charities ignore their obligations to use money for these designated uses. In many circumstances, even a seemingly benign redirection of earmarked gifts for other charitable purposes could constitute fraud and misrepresentation.

Breaking the implicit or explicit promise to use money in a designated manner harms donors, charities, and the public. Prospective donors assess the value of charitable donations in a manner similar to the way they value consumer goods and services and can …

The Dynamism Of Treaties, Yanbai Andrea Wang

Maryland Law Review

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the oldest areas of …

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.

Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa

Maryland Law Review

No abstract provided.

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

Center on Children, Families, and the Law: Faculty Publications

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress …