Law Commons^™

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.

F18rs Sgr No. 18, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts

John Griffith

Critical Analysis Of Case Law: Are Partnering Charters Binding?, Milagros Pinto Nunez, Douglas D. Gransberg

Civil, Construction and Environmental Engineering Publications

Construction project partnering in the United States has been used successfully for nearly 30 years in reducing disputes. Most partnered projects are characterized by the joint development of a nonbinding partnering charter between the owner and the contractor, which encapsulates the project’s goals and lays out the desired process for resolving issues at the lowest level. This paper explores the outcomes when partnered projects fail and the parties involved must turn to the courts to settle their disputes. The paper evaluates the case law for 16 partnered projects through content analysis and cross-case comparison. The paper explores the question ...

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...

Are Cross-Sectional Predictors Good Market-Level Predictors?, Joey Engleberg

Law, Economics, & Business Workshop

No abstract provided.

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.

Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam

ConLawNOW

Tony Amsterdam, lead counsel for Sandra Lockett in the U.S. Supreme Court case Lockett v. Ohio, offers his reflections on the case.

Contextualizing The Corporate Rights Movement In Transactional Clinics, Alina Ball

Tennessee Journal of Race, Gender, & Social Justice

This year is the 150th anniversary of the Fourteenth Amendment and provides an opportune moment to reflect on the role corporations have played in shaping not merely their own, but also individual constitutional rights. An examination of the “corporate rights movement” reveals the most successful legal battle in American jurisprudence, which was waged by corporations to obtain constitutional protection. From the right to sue in federal court to the right of contract through free speech rights, corporations have enlisted the best legal minds to advance their cause for expanded constitutional rights. As a result of their relentless litigation strategies, corporations ...

Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon

Tennessee Journal of Race, Gender, & Social Justice

This essay argues that transactional legal clinics that serve university, urban, and rural communities with cultures and ecosystems shaped by the long-term impacts of racial segregation, Civil Rights, and socioeconomic disenfranchisement can play both a powerful symbolic role and a practical material role in regional economic development by providing direct client representation to historically and economically significant organizations and by training lawyers in transactional methods to use the law to impact the industrial identity and economic vitality of their communities. This essay concludes with a design for a transactional law clinic model.

Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna

Tennessee Journal of Race, Gender, & Social Justice

New Yorkers woke to a dreary, drizzly day on November 9, 2016. The weather matched the mood of many of the city’s inhabitants. Tears streamed down my face as I sat in the subway waiting for my stop. One by one, as my colleagues in the Community Development Project at the Urban Justice Center came into the office that morning, we shared expressions of shock, anger, fear, and sadness. We feared for what Trump’s election meant for our clients, for ourselves and our families, for our country, and for our world. In the days and weeks that followed ...

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise Pantin

Tennessee Journal of Race, Gender, & Social Justice

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout ...

The Economic Justice Imperative For Lawyers In “Trump Country”, Priya Baskaran

Tennessee Journal of Race, Gender, & Social Justice

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting ...

1913 - Guide To Materials For The History Of The United States In The Principal Archives Of Mexico; Herbert Eugene Bolton

Miscellaneous Federal Documents & Reports

This preliminary report about the materials pertaining to the United States located in the Mexican archives was based upon what was actually found, prepared wholly for utilitarian purposes, and not a definitive treatise on the Mexican archives. It should be regarded as a compilation of notes, taken by one primarily interested in knowing and recording the whereabouts and nature of materials for United States history, and put in the most convenient form consonant with that purpose. There was included in the report, necessarily, many references to characters and events of Mexican history proper, especially those which have had close connection ...

Introduction: The Power Of Global Performance Indicators, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

In recent decades, IGOs, NGOs, private firms and even states have begun to regularly package and distribute information on the relative performance of states. From the World Bank's Ease of Doing Business Index to the Financial Action Task Force blacklist, Global Performance Indicators (GPIs) are increasingly deployed to influence governance globally. We argue that GPIs derive influence from their ability to frame issues, extend the authority of the creator, and—most importantly —to invoke recurrent comparison that stimulate governments' concerns for their own and their country's reputation. Their public and ongoing ratings and rankings of states are particularly ...

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Demonstrative Evidence Problems In A Personal Injury Case, Paul N. Luvera

Gonzaga Law Review

No abstract provided.

Cows, Courts, Confusion And The Safety Of The Washington Motorist, William M. Treadwell

Gonzaga Law Review

No abstract provided.

Religious Fraud And The First Amendment, Francis J. Conklin

Gonzaga Law Review

No abstract provided.