Law Commons^™

Once More With Feeling: Getting The Story Of Religion And Law Straight, Winnifred Fallers Sullivan

Tulsa Law Review

No abstract provided.

Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana

Tulsa Law Review

No abstract provided.

Where Are We Going: The Generalist Vs. Specialist Challenge, Herbert Kritzer

Tulsa Law Review

No abstract provided.

Speak (Again) Memory: Rethinking The Scope Of Congressional Power In The Early American Republic, Eric Lomazoff

Tulsa Law Review

No abstract provided.

Eavesdropping On The Vox Populi, Alison L. Lacroix

Tulsa Law Review

No abstract provided.

Embattled Originalism, Helen Irving

Tulsa Law Review

No abstract provided.

Popular Constitutionalism 2.0: Executive Edition, James R. Stoner Jr.

Tulsa Law Review

No abstract provided.

The Missing Alternative, Karol Edward Soltan

Tulsa Law Review

No abstract provided.

Judging Schools: Courts And The Structures Of American Education, Douglas S. Reed

Tulsa Law Review

No abstract provided.

Editor's Note

Tulsa Law Review

No abstract provided.

Table Of Contents / Masthead

Tulsa Law Review

No abstract provided.

The Ideal Of Judicial Independence: Complications And Challenges, Edward A. Purcell Jr.

Tulsa Law Review

No abstract provided.

Whom Should You Trust: Plans, Pragmatism, And Legality, Thomas P. Crocker

Tulsa Law Review

No abstract provided.

Another Weapon In The Arsenal To Stop The Production Of Methamphetamine, Shannon Holman

Tulsa Law Review

No abstract provided.

The Sustainable Development Principle In United States Environmental Law, Michael P. Healy

Law Faculty Scholarly Articles

The American public perceives the principle of sustainable development and sustainability, the shorthand nomenclature, through green-tinted lenses. Whether the user of the term is academic, corporate, or governmental, the advocate of sustainability is understood as an advocate of protecting the environment. The international legal understanding of the principle of sustainable development, however, is more ambiguous than this popular American understanding.

Part II of this Article describes the important principle of sustainable development in modern international environmental law. It discusses how the sustainable development principle has evolved from its initial appearance in the 1987 Brundtland Commission Report through its central position …

Dayton Lawyer, Summer 2011, University Of Dayton

Dayton Lawyer

No abstract provided.

Foreword, Orna Rabinovich-Einy

Law and Contemporary Problems

The U.S. healthcare system has undergone dramatic changes in the past year, which will have a profound impact on American society. While the "Patient Protection and Affordable Care Act of 2010" seeks to ensure healthcare coverage for the vast majority of Americans, controversies relating to scope of coverage, cost and course of treatment chosen, quality of care rendered, healthcare staff demeanor, and bioethical dilemmas are bound to persist. Indeed, in all likelihood, these controversies will even expand with the growth in the number of healthcare recipients under the federal scheme. Moreover, the changes introduced through the U.S. healthcare reform act …

Ignorance Is Not Bliss: Financial Illiteracy, The Mortgage Market Collapse, And The Global Economic Crisis, Jeffrey T. Dinwoodie

University of Miami Business Law Review

No abstract provided.

Response To Motions In Limine, Knuth V. City Of Lincoln Et Al, Docket No. 3:11-Cv-03185 (C.D. Ill. Jul 01, 2011), F. Willis Caruso, John Marshall Law School Pro Bono Program

Court Documents and Proposed Legislation

No abstract provided.

Keynote: The Crisis And Criminal Justice, Bernard E. Harcourt

Articles

No abstract provided.

Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark

Washington Journal of Law, Technology & Arts

In January 2010, the U.S. District Court for the District of Oregon decided U.S. v. Ahrndt, the first case regarding the reasonable expectation of privacy in a home wireless internet network. The court found that the defendant had no reasonable expectation of privacy in his unsecured home wireless network because he had openly shared information on a system freely accessible by his neighbors. This Article examines the Ahrndt case and the potential legal effect this issue may have on an individual’s expectation of privacy in his or her wireless network and personal computer files. This Article concludes that although …

Maintaing A Balance: Innovation In Power System Balancing Authorities, Malcolm Mclellan, Carol Opatrny

Washington Journal of Environmental Law & Policy

The introduction of new power generation, including intermittent resources, into the North American electric grid is exposing the fact that the traditional approach to resource integration is not necessarily cost-effective. At the forefront of analysis is the electric balancing authority; the functional structure that is responsible for maintaining the continuous balance of the demand for and supply of electric power. Electric balancing authorities perform this function according to standards developed by the North American Electric Reliability Corporation and the Federal Energy Regulatory Commission. These services can significantly affect the cost of power. Rather than blindly purchasing balancing services from the …

Rough Seas For Renewable Energy: Addressing Regulatory Overlap For Hydrokinetic Projects On The Outer Continental Shelf, Amanda Righi

Washington Journal of Environmental Law & Policy

Hydrokinetic energy harnesses the power of the oceans and generates renewable energy with a low carbon footprint. Because wave and tidal energy projects have not yet been initiated for the Outer Continental Shelf (OCS) and scientific knowledge of the effects on the ocean environment is uncertain, analysis under the National Environmental Policy Act is particularly important. However, overlapping jurisdiction on the OCS creates an inhospitable regulatory environment for hydrokinetic energy developers and marine ecosystem protection. This comment will analyze these overlapping and duplicative regulations and will make recommendations to streamline the environmental review process. Programmatic environmental impact statements, adaptive management …

A Breath Of Fresh Air: Methods And Obstacles For Achieving Air Pollution Reduction In Washington Factory Farm Communities, Linda M. Thompson

Washington Journal of Environmental Law & Policy

“Animal feeding operations (AFOs),” or, if large enough, “concentrated animal feeding operations (CAFOs),” have become increasingly concentrated in ownership, location, and quantity of animals since the 1950s. The Yakima Valley of central Washington is one area that has been subject to an influx of these industrial farms, raising health and environmental concerns for residents. Despite scientific evidence of potential harm, citizens have had difficulty enforcing air emissions regulation. The problem is twofold: the EPA is still working with the industry to develop a methodology for emission monitoring––the effectiveness of which remains unclear––and, assuming monitoring methods existed, the statutory framework provides …

Dewatering Trust Responsibility: The New Klamath River Hydroelectric And Restoration Agreements, Thomas P. Schlosser

Washington Journal of Environmental Law & Policy

In order to protect Indian property rights to water and fish that Indians rely on for subsistence and moderate income, the Interior Department Solicitor has construed federal statutes and case law to conclude that the Department must restrict irrigation in the Klamath River Basin of Oregon and Northern California. Draft legislation, prescribed by the February 18, 2010 Klamath River Hydroelectric Agreement and the Klamath Basin Restoration Agreement, would release the United States from its trust duty to protect the rights of Indian tribes in the Klamath River Basin. The agreements will also prolong the Clean Water Act Section 401 application …

Note – Someone Is Watching: The Need For Enhanced Data Protection, Nic Roethlisberger

UC Law Journal

The computer revolution has created a world where communication is cheap and instantaneous, and where vast amounts of information and consumer goods are just a click away. It also has created a world where the electronic gadgets we use every day create a trail of information that is being collected, examined, sold, and—far too often—stolen. Individuals have little to no control over the use and sale of this personal, private information, and the law has failed to keep pace. Some privacy advocates have suggested that traditional privacy torts should be used by the courts to stop the worst of these …

Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic

Journal of Dispute Resolution

This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …

Volume 1, Book 3

Labor & Employment Law Forum

No abstract provided.

The Agricultural Worker Protection Act & Florida's Migrant Worker: The Hands That Feed Florida, Fedline Ferjuste

Labor & Employment Law Forum

Since its enactment in 1982, courts have consistently misinterpreted the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”), and the Eleventh Circuit Courts are no exception to this misconstruction. Migrant workers are among the hardest-working and lowest-paid laborers in America, and they do not receive adequate legal protection. Congress, in enacting the AWPA, intended to make farmers and growers liable for abusing and breaching the AWPA. However, the judicial system has allowed them to create loopholes to escape liability. In order to break the cycle of abuse placed upon migrant workers, Florida must pass new legislation to reform and strengthen …

Immigrant Workers' Rights: Beyond The Scope Of Traditional Labor & Employment Law

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that took place on October 25, 2010 at the American University Washington College of Law. The podcast of the event can be found on the AMERICAN UNIVERSITY LABOR & EMPLOYMENT LAW FORUM’S website at http://aulaborlawforum. org/events/immigrant-workers-rights/. The event was co-sponsored by the Immigrants’ Rights Coalition Labor & Traffi cking Committee as part of Immigrants’ Rights Week.