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Articles 39931 - 39960 of 546107
Full-Text Articles in Law
Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford
Natural Gas And Net Zero: Mutually Exclusive Pathways For The Southeast, Adam D. Orford
Scholarly Works
Climate policy increasingly focuses on pathways to achieving net zero greenhouse gas emissions by 2050, providing a clear standard against which to evaluate energy system planning. Examining the current and projected fuel mix of the electric power sector in the southeastern United States shows that an ongoing transition to natural gas for electricity risks locking in decades of greenhouse gas emissions at levels fundamentally incompatible with net zero goals. Furthermore, southeastern regulatory proceedings are not well designed to engage with this reality, although useful regulatory models are emerging. Natural gas will remain an important part of the southeastern fuel mix …
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Industry Groups In International Governance: A Framework For Reform, Melissa J. Durkee
Scholarly Works
At a time when many international organizations are focusing on bringing companies on board as partners for important goals like climate mitigation and adaptation, but even shareholders of major multinational companies are seeking to discipline pernicious lobbying by trade associations, it is important to evaluate how to maximize the benefit and restrain the harms of business participation in international governance. This article offers a brief history of engagement between international organizations and industry and trade associations, reviews arguments for embracing or restraining the participation of those groups, and develops a five-part framework for regulations to govern their access.
The Pledging World Order, Melissa J. Durkee
The Pledging World Order, Melissa J. Durkee
Scholarly Works
There is an emerging world order characterized by unilateral pledges within a legal or “legal-ish” architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy …
A Critical Evaluation Of The Qualified Small Business Stock Exclusion, Gregg Polsky, Ethan Yale
A Critical Evaluation Of The Qualified Small Business Stock Exclusion, Gregg Polsky, Ethan Yale
Scholarly Works
Section 1202 of the Internal Revenue Code grants a gain exclusion to certain shareholders who own "qualified small business stock." We describe the tortured history of this rule, explain how it works (and fails to work), and critically evaluate whether the rule serves any coherent policy objective. If Congress keeps the rule in place, significant revisions are necessary to align the rule with sound policy and tamp out the abusive manipulations arguably permitted by the law in its present form. We propose several improvements along these lines. We also make the case for eliminating the exclusion in its entirety.
Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue
Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue
Scholarly Works
Stanley Surrey is perhaps best known for his promotion of the concept of tax
expenditures—the characterization of various tax preferences as substitutes for
direct expenditures. That emphasis understates his lasting influence on the tax
policy process. An equally important and lasting achievement was establishing
and promoting the integrity and professionalism of the Treasury’s Office of Tax
Policy (OTP), while garnering the support of much of the wider tax policy
community for basing tax policy on the principles of fairness, simplicity, and
efficiency.
In this article, we focus mainly on historical developments in the concept and
use of tax expenditures both …
The Indo-Pacific Economic Framework For Prosperity: Promise Or Peril For Labor Governance Through Trade Instruments?, Desiree Leclercq
The Indo-Pacific Economic Framework For Prosperity: Promise Or Peril For Labor Governance Through Trade Instruments?, Desiree Leclercq
Scholarly Works
President Biden has launched an Indo-Pacific Framework for Prosperity (“IPEF”) that purports to facilitate high standards, including high labor standards, in the region. That Framework is silent on traditional trade matters such as market access, leading many trade and labor scholars and policymakers to question its utility.
Contrary to that skepticism, this commissioned report argues that the IPEF holds tremendous promise by realigning the bottom-up governance of labor rights in trade with international labor governance. Doing so, this report argues, will strengthen allyships and trade relations in the region. On the other hand, the IPEF could prove equally perilous if …
Strengthening Labor Rights In The Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Strengthening Labor Rights In The Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Scholarly Works
This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that time, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in …
The Abandonment Of International College Athletes By Nil Policy, Victoria J. Haneman, David P. Weber
The Abandonment Of International College Athletes By Nil Policy, Victoria J. Haneman, David P. Weber
Scholarly Works
A new era in college sports dawned on July 1, 2021, when the National Collegiate Athletic Association announced that college athletes were (subject to various limitations and restrictions) entitled to earn money based upon their name, image, and likeness ("NIL"). NIL is now a billion-dollar industry. The more than 450,000 college athletes across the United States are now able to leverage NIL to make paid appearances, endorse products or services on social media, receive compensation for autograph signings, and promote local and national businesses. Excluded from most NIL opportunities, however, are the 12 percent of athletes recruited from outside of …
The Unbounded Home: Property Values Beyond Property Lines, Lee Anne Fennell
The Unbounded Home: Property Values Beyond Property Lines, Lee Anne Fennell
Books
No abstract provided.
Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A. H. Miller
Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A. H. Miller
Faculty Scholarship
Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, …
Public Reporting Of Monitorship Outcomes, Veronica Root Martinez
Public Reporting Of Monitorship Outcomes, Veronica Root Martinez
Faculty Scholarship
When a corporation engages in misconduct that is widespread or pervasive, courts, regulators, or prosecutors often insist that the firm obtain assistance from an independent third party — a monitor — to oversee the firm’s remediation effort. The largest firms in the world — from Deutsche Bank, to Volkswagen, to Carnival Cruise Lines — have found themselves having to retain a monitor for corporate misconduct, despite attempts to avoid a monitorship entirely. Traditionally, monitors, or their special master forebearers, were utilized by courts to assist in overseeing compliance with court orders, and their work was both accessible and transparent. As …
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla Hrdy
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla Hrdy
Akron Law Faculty Publications
There is a substantial literature on noncompete agreements and their adverse impact on employee mobility and innovation. But a far more common restraint in employment contracts has been underexplored: confidentiality agreements, sometimes called nondisclosure agreements (NDAs). A confidentiality agreement is not a blanket prohibition on competition. Rather, it is simply a promise not to use or disclose specific information. Confidentiality agreements encompass trade secrets, as defined by state and federal laws, but confidentiality agreements almost always go beyond trade secrecy, encompassing any information the employer imparted to the employee in confidence. Despite widespread use, confidentiality agreements have received little attention. …
Buddhism And Comparative Constitutional Law, Tom Ginsburg, Benjamin Schonthal
Buddhism And Comparative Constitutional Law, Tom Ginsburg, Benjamin Schonthal
Books
No abstract provided.
“Made To Feel Broken”: Ending Conversion Practices And Saving Transgender Lives, Jennifer Levi, Kevin M. Barry
“Made To Feel Broken”: Ending Conversion Practices And Saving Transgender Lives, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
There has been a recent unprecedented, coordinated campaign by state governments to deny gender-transition care to transgender youth. It is within this context that Florence Ashley argues in Banning Transgender Conversion Practices: A Legal and Policy Analysis that legislation banning conversion practices is both lifesaving to transgender people directly affected and an important step in securing health and the recognition of dignity for all transgender people. The Authors highly recommend the book as a thoughtful and well-researched look at the issue. They also expand on several topics discussed in the book, including the harm caused by these practices, the constitutionality …
The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone
The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone
Maryland Law Review
No abstract provided.
Death Drop: The Roberts Court, Legitimacy, And The Future Of Democracy In The United States, Julie Novkov
Death Drop: The Roberts Court, Legitimacy, And The Future Of Democracy In The United States, Julie Novkov
Maryland Law Review
No abstract provided.
The Unfinished Masterpiece: Compulsion And The Evolving Jurisprudence Over Free Speech, Jonathan Turley
The Unfinished Masterpiece: Compulsion And The Evolving Jurisprudence Over Free Speech, Jonathan Turley
Maryland Law Review
No abstract provided.
Original Intent, Racial Equality, And The Conundrums Of “Colorblindness”, Jeffrey D. Hoagland, Vinay Harpalani
Original Intent, Racial Equality, And The Conundrums Of “Colorblindness”, Jeffrey D. Hoagland, Vinay Harpalani
Maryland Law Review
No abstract provided.
Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith
Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith
Maryland Law Review
No abstract provided.
Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers, Jr.
Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers, Jr.
Maryland Law Review
No abstract provided.
What To The Nation Is The American Soldier? Shifting Conceptions Of Service, Rights, And Belonging In The Civil War, Julie Novkov
What To The Nation Is The American Soldier? Shifting Conceptions Of Service, Rights, And Belonging In The Civil War, Julie Novkov
Maryland Law Review
No abstract provided.
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
Maryland Law Review
No abstract provided.
Public Land Management’S Future Place: Envisioning A Paradigm Shift, Sam Kalen
Public Land Management’S Future Place: Envisioning A Paradigm Shift, Sam Kalen
Maryland Law Review
No abstract provided.
It’S Not Ok, Boomer: Preventing Financial Power-Of-Attorney Abuse Of Elders, Genevieve Mann
It’S Not Ok, Boomer: Preventing Financial Power-Of-Attorney Abuse Of Elders, Genevieve Mann
Maryland Law Review
No abstract provided.
The Pendulum Swings Right: How The Roberts Court Rejected Precedent And Mobilized Federalism To The Detriment Of American Youth In Jones V. Mississippi, Tori A. Shaw
Maryland Law Review
No abstract provided.
Distinguishing Juvenile Law And Juvenile Education: Undoing The School-To-Prison Pipeline Approved In In Re S.F., Anna Manogue
Distinguishing Juvenile Law And Juvenile Education: Undoing The School-To-Prison Pipeline Approved In In Re S.F., Anna Manogue
Maryland Law Review
No abstract provided.
Guilty Minds, Michael Serota
West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday
West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday
Maryland Law Review
No abstract provided.
The Larry Nassar Hearings: Victim Impact Statements, Child Sexual Abuse, And The Role Of Catharsis In Criminal Law, Rosemary Ardman
The Larry Nassar Hearings: Victim Impact Statements, Child Sexual Abuse, And The Role Of Catharsis In Criminal Law, Rosemary Ardman
Maryland Law Review
No abstract provided.