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Articles 271 - 300 of 479
Full-Text Articles in Public Law and Legal Theory
Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw
Theses and Dissertations
Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Arkansas Law Review
It is doubtful that Hulon Rupert Austin woke up on the day of March 7, 1986 and expected it to be his last. March 7 was a typical day—a workday—that started with a simple drive to a job site with his co-worker. A day that began so unremarkably ended with his co-worker looking up from where he was working to see “Austin lying on the ground.”
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine
Arkansas Law Review
"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson
The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson
Faculty Articles
Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly, the disappearance of traditional criminal trials is not just a problem for individual defendants. It is a problem for all of us. In this Article, we propose a novel mechanism to (partly) restore the criminal jury to its rightful pride of place—a trial lottery. In short, a small …
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey
Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey
Seattle University Law Review
This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …
Enough Is As Good As A Feast, Noah C. Chauvin
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.
Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen
Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen
St. Mary's Law Journal
Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
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
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 …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …
End Notes, Sustainable Development Law & Policy
End Notes, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
Sustainable Development Law & Policy
No abstract provided.
The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess
Sustainable Development Law & Policy
No abstract provided.
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
Sustainable Development Law & Policy
No abstract provided.
Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman
Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman
Sustainable Development Law & Policy
No abstract provided.
The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Sustainable Development Law & Policy
No abstract provided.
End Notes, Sustainable Development Law & Policy
End Notes, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
Sustainable Development Law & Policy
No abstract provided.
Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez
Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez
Sustainable Development Law & Policy
No abstract provided.
Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie
Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie
Sustainable Development Law & Policy
No abstract provided.
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
Sustainable Development Law & Policy
No abstract provided.
Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson
Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson
Sustainable Development Law & Policy
No abstract provided.
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
Sustainable Development Law & Policy
No abstract provided.