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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Faculty Scholarship

Boston University School of Law

2015

Articles 1 - 3 of 3

Full-Text Articles in Law

Marbury Moments, Steven Arrigg Koh Jan 2015

Marbury Moments, Steven Arrigg Koh

Faculty Scholarship

Every court has its Marbury moment. To support this argument, this Article reviews seminal cases from three types of courts: U.S. federal, regional, and international. This Article concludes that Marbury moments provide novel insights about both Marbury v. Madison itself and the nature of domestic and international courts.


The Integration Of Environmental Law Into International Investment Treaties And Trade Agreements: Negotiation Process And The Legalization Of Commitments, Madison Condon Jan 2015

The Integration Of Environmental Law Into International Investment Treaties And Trade Agreements: Negotiation Process And The Legalization Of Commitments, Madison Condon

Faculty Scholarship

There were seventeen international investment agreements (“IIAs”) signed around the world in 2012, and each one of them contained some provision relating to the protection of the environment. In comparison, no investment treaty signed before 1985, and fewer than ten percent of treaties signed between 1985 and 2001, contained any reference to the environment at all. Environmental language has become increasingly common in bilateral investment treaties (“BITs”), and to an even greater degree in other IIAs, such as free trade agreements (“FTAs”). The legal implications of the integration of environmental law and norms into investment law treaties have yet to …


Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich Jan 2015

Challenges For People With Disabilities Within The Health Care Safety Net, Michael Ulrich

Faculty Scholarship

Medicare and Medicaid were passed to serve as safety nets for the country's most vulnerable populations, yet, the disabled community continues to be one whose health care needs are not being met. This group is all too frequently left to suffer health disparities due to cultural incompetency, stigma and misunderstanding, and an inability to create policy changes that covers the population as a whole and their acute and long-term needs.