Why Proving A Work-Related, Psychological Injury Claim Stresses You Out,
2021
Pepperdine University
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
The Rising Of Systemic Racism And Redlining In The United States Of America,
2021
Walden University
The Rising Of Systemic Racism And Redlining In The United States Of America, Edward Brian Flournoy
Journal of Sustainable Social Impact
Systemic racism and redlining are synonymous with one another. This essay reviews the history of scholarly research and discussion regarding affordable housing and its impact on ethnic groups in the United States, especially Black African Americans. Affordable housing celebrated its 100th anniversary in 2017, yet much still needs to be done. Moreover, the U.S. Shipping Act of 1917 and Moving to Opportunity (MTO) Intervention Demonstration Program (1994–2009) are congruent to this essay.
It's Time To Reform The U.S. Vulnerabilities Equities Process,
2021
Penn State Dickinson Law
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
Faculty Scholarly Works
No abstract provided.
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And
Public Comments,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony Moffa
Nevada Law Journal
No abstract provided.
Immigration Detention Meets Evidence Law: A Discussion Paper,
2021
Lincoln Alexander School of Law, Toronto Metropolitan University
Immigration Detention Meets Evidence Law: A Discussion Paper, Simon Wallace, Sean Rehaag, Benjamin Berger
All Papers
This discussion paper aims to encourage a broader engagement between the fields of evidence law and administrative law, using evidence in the Canadian immigration detention review setting as a case study. For most, the field of evidence law is essentially concerned with the rules of non-admissibility. This narrow vision of evidence law partly explains why administrative decision-making and administrative law only sporadically reaches to evidence law’s lessons—and why administrative law settings feature only infrequently in evidence law doctrine. This disconnect is regrettable because contact between the fields could be mutually enriching: evidence law has a rich tradition of thinking about …
Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings,
2021
Benjamin N. Cardozo School of Law
Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage
Cardozo Law Review
No abstract provided.
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration,
2021
Payame Noor University, Iran
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
Indonesia Law Review
Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc,
2021
Alexander Blewett III School of Law, University of Montana
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
Muddying The Waters: The Need For More Clarity Under The Clean Water Act,
2021
University at Buffalo School of Law
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Buffalo Environmental Law Journal
No abstract provided.
Left/Right: Managing The Coming Clash Between Congressional Rights Enforcement And Judicial Doctrine,
2021
Brooklyn Law School
Left/Right: Managing The Coming Clash Between Congressional Rights Enforcement And Judicial Doctrine, William D. Araiza
Faculty Scholarship
No abstract provided.
Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era,
2021
Lakehead University
Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era, Adam Schenk
Dalhousie Law Journal
Judicial consideration of religious disputes prompt concerns that the legal system may delve into issues of a spiritual nature that should enjoy some insulation from legal comment or intervention. These concerns are only heightened in instances where the dispute concerns the very serious issue of the expulsion of a member from their religious community. While necessary care is warranted in these sensitive circumstances, a blanket prohibition on legal intervention in instances of religious expulsion creates the possibility that a member of a religious community may experience the devastation of expulsion in an unfair and unjust manner. This paper, written prior …
A Reconsideration Of Equal Protection And Executive Action In Singapore,
2021
Singapore Management University
A Reconsideration Of Equal Protection And Executive Action In Singapore, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
In Syed Suhail bin Syed Zin v Attorney-General, the Singapore Court of Appeal reconsidered how Article 12(1), the equal protection provision in Singapore’s Constitution, should apply to executive actions. Departing from the established ‘deliberate and arbitrary’ test, the Court of Appeal proposed to first consider whether the relevant persons were ‘equally situated’ and subject to differential treatment. If so, this treatment had to be justified by legitimate reasons. This note argues that while the rejection of the ‘deliberate and arbitrary’ test ought to be welcomed, this approach risks returning to an emphasis on classes in equal protection analysis – an …
The Connection Between Policies And Decisions Made Pursuant To Policies,
2021
Singapore Management University
The Connection Between Policies And Decisions Made Pursuant To Policies, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Policies are an indispensable feature of administrative governance. By providing default guidelines for decision-making, policies streamline the everyday administrative work of public authorities, helping to manage the gargantuan task of keeping the machinery of the modern administrative state running smoothly. This article will analyse an issue in the law regulating the usage of administrative policies that has received little attention to date – the connection between the unlawfulness of a policy in itself and the unlawfulness of a decision made pursuant to such a policy. This article will highlight that there is a degree of analytical ambiguity in this area …
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021,
2021
Roger Williams University
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021,
2021
Roger Williams University
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
School of Law Conferences, Lectures & Events
No abstract provided.
Case Note: Avangrid Networks, Inc. V. Secretary Of State,
2021
University of Maine School of Law
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Maine Law Review
Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate pre-election …
The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases,
2021
Liberty University
The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis
Helms School of Government Undergraduate Law Review
No abstract provided.
Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak,
2021
Universitas Indonesia
Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha
"Dharmasisya” Jurnal Program Magister Hukum FHUI
in the implementation of services in a procurement contract for goods or service, parties that require services and goods are represented by the Pejabat Pembuat Komitmen (PPK), while the parties that provide the goods or services are called vendors. In the particular case of the Upstream Oil and Gas Industry, the ones who act as the Pejabat Pembuat Komitmen are the Cooperative Contract Contractor, What is meant by a Cooperative Contractor is that the company are the ones producing the upstream oil and gas. The process of agreement between the contractor and the contract executor must begin with agreement between …
Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan,
2021
Universitas Indonesia
Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Peraturan perundangan- undangan Indonesia terhadap Pemerintahan daerah telah menganut sistem desentralisasi yang mana daerah telah mendapatkan kewenangan yang lebih besar untuk mengatur sendiri pemerintahannya, Adapun kewenangan propinsi, Kabupaten dan Kota, berdasarkan Pasal 13 dan Pasal 14 UU No 23 Tahun 2014, dapat digolongkan kepada urusan wajib yang menjadi kewenangan pemerintahan daerah dan urusan pemerintahan yang bersifat pilihan. Dalam pengaturannya setidaknya terdapat 31 sektor pemerintahan yang merupakan urusan pemerintahan yang di- desentralisasikan ke daerah baik yang terkait dengan urusan yang bersifat wajib untuk menyelenggarakan pelayanan dasar maupun urusan yang bersifat pilihan untuk menyelenggarakan pengembangan sektor ekonomi yang menjadi unggulan dari daerah. …
Akibat Hukum Yang Ditimbulkan Oleh Masa Depan Organisasi Perdagangan Regional,
2021
Universitas Indonesia
Akibat Hukum Yang Ditimbulkan Oleh Masa Depan Organisasi Perdagangan Regional, Rossa Amanda Santika
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Regional Trade Agreements (RTAs) are a prominent future of multilateral trading system. The number of RTAs has been increasing and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation the impasse in the Doha Round exacerbates the gap between the preferential and the MFN paths to trade liberalization. The proliferation of RTAs presents WTO Members with challenges and opportunities; the promotion of free trade through preferential agreements can foster trade liberalization and benefit economic development by integrating developing countries into the world economy; yet the development of complex networks of non-MFN trade …
