Jurisprudence Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Climate Change And Causation: Joining Law And Climate Science On The Basis Of Formal Logic, Petra Minnerop, Friederike Otto

Buffalo Environmental Law Journal

No abstract provided.

Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal

Buffalo Environmental Law Journal

No abstract provided.

Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

No abstract provided.

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …

Visual Appropriation Art, Transformativeness, And Fungibility, Jasmine C. Abdel-Khalik

Faculty Works

As an intentionally flexible doctrine, fair use in copyright has a long history of ambiguity and criticism. While courts have developed various standards and considerations to give fair use some shape, key decisions have generally done so in the context of textual material. Likewise, the examples in Judge Leval’s seminal work on fair use involve textual material. His argument to assess the first fair use factor based on transformativeness has won the day. But in contrast to the textual examples, interpreting the meaning and transformation of visual works is rife with danger.

Recent appropriation art cases exemplify this danger and …

The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster

St. Mary's Law Journal

This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Shining A Light On Maryland's Solar Energy Market & Its Renewable Energy Policies, John Gekas

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Up The Creek Without A Paddle: Consequences For Failing To Protect Prisoners During A Natural Disaster, Rachel Shaw

Environmental and Earth Law Journal (EELJ)

No abstract provided.

The "Stunning" Reality Behind Halal Meat Production, Axl Campos Kaminski

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Half A Century Of Supreme Court Clean Air Act Interpretation: Purposivism, Textualism, Dynamism, And Activism, David M. Driesen, Thomas M. Keck, Brandon T. Metroka

Washington and Lee Law Review

This Article addresses the history of the Supreme Court’s interpretation of the Clean Air Act, which now goes back almost half a century. Many scholars have argued that the Court has shifted from an approach to statutory interpretation that relied heavily on purposivism—the custom of giving statutory goals weight in interpreting statutes—toward one that relies more heavily on textualism during this period. At the same time, proponents of dynamic statutory interpretation have argued that courts, in many cases, do not so much excavate a statute’s meaning as adapt a statute to contemporary circumstances.

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.

Does The Evolving Concept Of Due Process In Obergefell Justify Judicial Regulation Of Greenhouse Gases And Climate Change?: Juliana V. United States, Bradford Mank

Faculty Articles and Other Publications

Justice Kennedy’s Obergefell opinion, which held that same sex marriage is a fundamental right under the Constitution’s due process clause, reasoned that the principles of substantive due process may evolve because of changing societal views of what constitutes “liberty” under the clause, and that judges may recognize new liberty rights in light of their “reasoned judgement.” In Juliana v. United States, Judge Aiken used her “reasoned judgement” to conclude that evolving principles of substantive due process in the Obergefell decision allowed the court to find that the plaintiffs were entitled to a liberty right to a stable climate system capable …

Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai

Faculty Scholarship

This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …

The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Publications

No abstract provided.

Contemporary Sunday Hunting Laws: Unnecessary Economic Roadblocks, Ripe For Repeal, Seamus Ovitt

William & Mary Environmental Law and Policy Review

In America, Sunday closing laws, laws restricting what activities individuals could engage in, date back to the early colonial period; those early laws, like much of North American jurisprudence, trace their roots to the laws that existed in England at the time. Historically, however, laws restricting the behavior of individuals, specifically on Sundays, date back thousands of years; initially, their language was tied directly to that of the Old Testament. As God declared:

[s]ix days shalt thou labour, and do all thy work: But the seventh day [is] the Sabbath of the Lord thy God: [in it] thou shalt not …

Evaluation Of Circuit Judge Kavanaugh’S Opinions Concerning The Caa, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

Nineteen opinions by Circuit Judge Kavanaugh in the D.C. Circuit dealing with the Clean Air Act (CAA) were reviewed. In eleven of the cases, Circuit Judge Kavanaugh wrote the majority opinion. In two cases he wrote a concurring opinion and in six cases he dissented. The cases where Circuit Judge Kavanaugh wrote the majority opinion are: (1) Americans for Clean Energy v. EPA, 864 F.3d 691 (2017); (2) Mexichem Fluor, Inc. v. EPA, 866 F.3d 451(2017); (3) Energy Future Coalition v. EPA, 793 F.3d 141 (2015); (4) EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (2015); (5) In …