University of Michigan Law School
University of Nevada, Las Vegas -- William S. Boyd School of Law
Universidad de La Salle, Bogotá
University of St. Thomas, Minnesota
Seattle University School of Law
Walden University
Universitas Indonesia
Boston College Law School
Security Of Tenure In Egypt: Policies And Challenges,
2023
American University in Cairo
Security Of Tenure In Egypt: Policies And Challenges, Arig Eweida
Theses and Dissertations
This thesis explores a set of urban laws and policies adopted in the past decade in Egypt regarding their possible effect on security of tenure as an element of the right to housing. The past decade has witnessed a legislative focus on formalizing tenure rights coupled with policies aiming at redevelopment of informal settlements, infrastructure projects and lately a goal of eliminating unplanned areas by 2030. This research attempts to untangle what these laws and policies could mean for a country with 40% of its housing being informal. It builds on a rich literature on titling programs in developing countries …
Casino Gaming Concessions In Portugal 1927-2023 The Paradigm Needs To Change?,
2023
University of Nevada, Las Vegas
Casino Gaming Concessions In Portugal 1927-2023 The Paradigm Needs To Change?, Jose Deus
International Conference on Gambling & Risk Taking
ABSTRACT
The concept of a concession for the operation of games of chance is the legal basis of the gaming industry in Portugal.
The first goal is to resume the evolution of concessions of games of chance in Portugal, covering the common legal and conceptual basis in system, highlighting the aims of the Portuguese government over the decades to present day. The second is a critical analysis of the current relevance of this particular legal tool in today’s gaming landscape. Is the old model of concessions in Portugal an appropriate tool to achieve a number of regulatory, social and economic …
Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill,
2023
Saint Louis University School of Law
Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll
SLU Law Journal Online
The proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv.,
2023
University of Montana
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?,
2023
Texas A&M University School of Law
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron
Texas A&M Journal of Property Law
The full extent and guarantees of the Second Amendment have yet to be understood in light of modern advances in weaponry. Further, there is little Supreme Court precedent to aid in defining the scope of the Second Amendment. With challenges to restrictions on concealed carrying of firearms in public, the Second Amendment requires much clarification. Federal circuit courts are divided on how to apply the Second Amendment to firearm licensing schemes and differ on the interpretation of the Heller decision. This Note provides guidance on understanding the core protection of the Second Amendment and the presumptions left by the Supreme …
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship,
2023
University of California - Los Angeles
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Offshore Wind Energy Or Domestic Seafood? How The Department Of The Interior Can Facilitate Both Through Self-Binding Procedures,
2023
St. John's University School of Law
Offshore Wind Energy Or Domestic Seafood? How The Department Of The Interior Can Facilitate Both Through Self-Binding Procedures, Adele Irwin
St. John's Law Review
(Excerpt)
The United States has many identities, including that of a coastal nation. With the largest Exclusive Economic Zone (“EEZ”) in the world, the United States has jurisdiction over more human activity in the ocean than any other country. Like people in most coastal nations, Americans are drawn to the ocean. Almost forty percent of the population lives in coastal counties that constitute less than ten percent of the nation’s land mass, and 58.3 million jobs and more than $9.5 trillion of gross domestic product are attributable to ocean resources annually. These figures have increased over time.
The diverse industries …
Statutory Interpretation And Agency Disgorgement Power,
2023
St. John's University School of Law
Statutory Interpretation And Agency Disgorgement Power, Caprice Roberts
St. John's Law Review
(Excerpt)
In recent decades, the Supreme Court has showed enhanced interest in equitable principles and remedies. What began as periodic cases featuring one jurist’s idiosyncratic and sometimes misguided interpretations has manifested a broader, significant trend. A consequential theme emerges across varied cases: a revival in the Court’s emphasis on the jurisprudence of equitable remedies. The Court’s recent and current docket continues this momentum. Scholars are tracking the developments and advocating for a system of equity; focusing on historical constraints and federal equity power; and generating a restitution revival.
What happens when obstacles foreclose claims and threaten to leave parties without …
Toothless Trade? Implications Of The Federal Circuit’S Clearcorrect Decision For The Enforceability Of Intellectual Property Protections In Digital Trade Under Usmca,
2023
Catholic University of America (Student)
Toothless Trade? Implications Of The Federal Circuit’S Clearcorrect Decision For The Enforceability Of Intellectual Property Protections In Digital Trade Under Usmca, Alissa Chase
Catholic University Law Review
Digital trade is growing faster than trade in goods and services and comprises a key area for innovation and intellectual property concerns. The United States-Mexico-Canada Agreement (“USMCA”) acknowledged this development by including chapters devoted to both digital trade and intellectual property. In 2015, the Federal Circuit held that the International Trade Commission (“ITC”) does not have jurisdiction over unfairly traded digital goods. Without exclusion orders issued by the ITC, the United States lacks a powerful tool to enforce the USMCA provisions protecting intellectual property in unfairly traded digital goods. This comment explores the implications of the Federal Circuit’s 2015 ClearCorrect …
The Supreme Court And New Frontiers In Religious Liberty,
2023
Yeshiva University, Cardozo School of Law
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Event Invitations 2023
The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.
Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.
Panelists:
- Nelson Tebbe, Cornell Law School
- Mark L. Movsesian, St. John's University School of Law
- Elizabeth Reiner Platt, Columbia Law School
- Giselle Klapper, Sikh Coalition
Click here to view the flyer.
The Supreme Court And New Frontiers In Religious Liberty,
2023
Yeshiva University, Cardozo School of Law
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Flyers 2022-2023
Click here to view the event invitation.
Against The Chenery Ii "Doctrine",
2023
Boston University School of Law
Against The Chenery Ii "Doctrine", Gary S. Lawson, Joseph Postell
Faculty Scholarship
The Supreme Court’s 1947 decision in SEC v. Chenery Corp. (“Chenery II”) is generally taken as blanket authorization for agencies to make law through either adjudication or rulemaking if their organic statutes permit both modes. We think this is an overreading of the doctrine. The decision in Chenery II need not be read so broadly, and there are good reasons to read it more narrowly. The most important reason is that agency lawmaking through adjudication presents serious constitutional concerns involving due process of law and subdelegation of legislative power, at least if the agency action deprives people of life, liberty, …
Congressional Power, Public Rights, And Non-Article Iii Adjudication,
2023
Edward S. Knight Chair in Law, Entrepreneurialism and Innovation, University of Texas School of Law
Congressional Power, Public Rights, And Non-Article Iii Adjudication, John M. Golden, Thomas H. Lee
Notre Dame Law Review
When can Congress vest in administrative agencies or other non–Article III federal courts the power to adjudicate any of the nine types of “Cases” or “Controversies” listed in Article III of the United States Constitution? The core doctrine holds that Congress may employ non–Article III adjudicators in territorial courts, in military courts, and for decision of matters of public right. Scholars have criticized this so-called “public rights” doctrine as incoherent but have struggled to offer a more cogent answer.
This Article provides a new, overarching explanation of when and why Congress may use non–Article III federal officials to adjudicate matters …
No Deals In The Pipeline: The Use Of Precedent Agreements To Demonstrate Demand For New Natural Gas Infrastructure After Environmental Defense Fund V. Federal Energy Regulatory Commission,
2023
Villanova University Charles Widger School of Law
No Deals In The Pipeline: The Use Of Precedent Agreements To Demonstrate Demand For New Natural Gas Infrastructure After Environmental Defense Fund V. Federal Energy Regulatory Commission, Caroline Keefe
Villanova Law Review
No abstract provided.
Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management,
2023
Case Western Reserve University School of Law
Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-285; Oliver CR Mon North Unit (EAP Ohio, LLC)
Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management,
2023
Case Western Reserve University School of Law
Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-72
Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc,
2023
Case Western Reserve University School of Law
Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2021-173 Dawson South Unit (EAP Ohio< LLc)
Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management,
2023
Case Western Reserve University School of Law
Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-156 (Plug Order, Bond/Weirton Steel 12 Well)
Implications Of Good Faith In Construction Contracts,
2023
American University in Cairo
Implications Of Good Faith In Construction Contracts, Nadine Rashed
Theses and Dissertations
The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …
Masthead And Table Of Contents,
2023
Pepperdine University
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
