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Articles 2011 - 2040 of 4190
Full-Text Articles in Public Law and Legal Theory
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …
Sending A Dear John Letter: Public Information Campaigns And The Movement To “End Demand” For Prostitution In Atlanta, Ga, Samantha Majic
Sending A Dear John Letter: Public Information Campaigns And The Movement To “End Demand” For Prostitution In Atlanta, Ga, Samantha Majic
Publications and Research
This paper examines “Dear John”, a public information campaign that ran from 2006–2008 in Atlanta, GA, to ask what narrative it conveys about commercial sex and those who engage in it, in order to understand the gendered (and other) discursive constructions it produces, reflects, and complicates about these activities and subjects. Drawing from both policy and sex work/trafficking scholarship, this paper argues that Dear John used symbolic images and direct and consequential text to convey a “male demand” narrative, which holds that men’s demand for sexual services harms girls and young women and will not be tolerated. Yet, in so …
Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz
Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz
Articles
The idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment …
Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins
Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins
Lisa PytlikZillig Publications
Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …
Picking And Choosing Text: Lessons For Statutory Interpretation From The Philosophy Of Language, Victoria Frances Nourse
Picking And Choosing Text: Lessons For Statutory Interpretation From The Philosophy Of Language, Victoria Frances Nourse
Georgetown Law Faculty Publications and Other Works
Textualists claim that they follow statutory text. This Article argues that, in practice, textualists often create meaning rather than find it. Deploying the analytics of linguistic philosophy, this Article takes a deep dive into textualist methodology. The philosophy of language reveals what legal scholarship has left submerged: The very choice of text can put the thumb on the scales of any interpretation. When one pulls a term out of a statute and isolates it from the rest of the text (what I call “isolationist” method), this decontextualization offers the opportunity for adding and subtracting meaning from the statute by “pragmatic …
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Rationing Criminal Justice, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. …
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Chicago-Kent Law Review
No abstract provided.
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Linchpin Approaches To Salvaging Neighborhoods In The Legacy Cities Of The Midwest, Shelley Cavalieri
Chicago-Kent Law Review
No abstract provided.
How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson
How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson
Chicago-Kent Law Review
No abstract provided.
Freeing The City To Compete, James J. Kelly Jr.
Freeing The City To Compete, James J. Kelly Jr.
Chicago-Kent Law Review
No abstract provided.
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
The Natural Capital Crisis In Southern U.S. Cities, Blake Hudson
Chicago-Kent Law Review
No abstract provided.
Roll On, Cyclist: The Idaho Rule, Traffic Law, And The Quest To Incentivize Urban Cycling, Asmara M. Tekle
Roll On, Cyclist: The Idaho Rule, Traffic Law, And The Quest To Incentivize Urban Cycling, Asmara M. Tekle
Chicago-Kent Law Review
No abstract provided.
The Public Pension Crisis Through The Lens Of State Constitutions And Statutory Law, Kristen Barnes
The Public Pension Crisis Through The Lens Of State Constitutions And Statutory Law, Kristen Barnes
Chicago-Kent Law Review
No abstract provided.
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
The Detroit Frontier: Urban Agriculture In A Legal Vacuum, Jacqueline Hand, Amanda Gregory
Chicago-Kent Law Review
No abstract provided.
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez
Sustainable Development Law & Policy
No abstract provided.
Benefitting From Sustainable Development, Victoria Frappaolo
Benefitting From Sustainable Development, Victoria Frappaolo
Sustainable Development Law & Policy
No abstract provided.
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt
Sustainable Development Law & Policy
Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states are …
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor
Sustainable Development Law & Policy
No abstract provided.
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter
Sustainable Development Law & Policy
When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds’ tax-exempt …
Editor's Note, Kimberly Reynolds, Ryan Schmidt
Editor's Note, Kimberly Reynolds, Ryan Schmidt
Sustainable Development Law & Policy
No abstract provided.
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Can The Eu Carbon Tax The U.S. In Retaliation?, Annum Rashedi
Sustainable Development Law & Policy
No abstract provided.
Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville
Regional Disputes: It Is Not Just Ground Beef, Nicholas W. Laneville
Sustainable Development Law & Policy
No abstract provided.
Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers
Fighting The Wrong Fight: Why The Mlp Parity Act Is A Misguided Attempt At Achieving Renewable Energy Capital Raising Parity, David Powers
Sustainable Development Law & Policy
No abstract provided.
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
The Paris Agreement And The International Trade Regime: Considerations For Harmonization, Charles E. Di Leva, Xiaoxin Shi
Sustainable Development Law & Policy
No abstract provided.
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Sustainable Development Law & Policy
Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …
Editor's Note, Ryan Schmidt, Kimberly Reynolds
Editor's Note, Ryan Schmidt, Kimberly Reynolds
Sustainable Development Law & Policy
No abstract provided.
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
The Law Of The Seas: A Barrier To Implementation Of Sustainable Development Goal 14, Alexi Nathan
Sustainable Development Law & Policy
No abstract provided.
The Key To Engaging With The Sdgs: Utilizing Rio Principle 10 To Succeessfully Implement The U.N. Sustainable Development Goals, Taís Ludwig
Sustainable Development Law & Policy
No abstract provided.