Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy,
2014
William & Mary Law School
Climate Balkanization: Dormant Commerce And The Limits Of State Energy Policy, Jonathan H. Adler
Faculty Publications
Through the imposition of mandates on what sorts of energy may be produced or sold, state regulatory efforts have imposed burdens on interstate energy markets. In some cases, these burdens are explicit, as when states have privileged in-state energy sources at the expense of out-of-state producers or sellers. In other cases, these burdens are the inevitable consequence of state efforts to reduce the environmental impacts of energy consumed within the state. Such restrictions, and their associated burdens on interstate commerce, raise serious constitutional questions. Under the so-called "Dormant Commerce Clause," state regulations that discriminate against out-of-state actors are presumptively unconstitutional, …
Friends Of The Wild Swan V. Ashe,
2014
University of Montana School of Law
Friends Of The Wild Swan V. Ashe, Hannah S. Cail
Public Land & Resources Law Review
In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.
Environmental Protection Agency V. Eme Homer City Generation L.P.,
2014
University of Montana School of Law
Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West
Public Land & Resources Law Review
The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.
A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom,
2014
University of Georgia School of Law
A Comparative Study Of Social And Economic Rights Of Asylum Seekers And Refugees In The United States And The United Kingdom, Bobana Ugarkovic
Georgia Journal of International & Comparative Law
No abstract provided.
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?,
2014
University of Warwick
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
Georgia Journal of International & Comparative Law
No abstract provided.
Globalization And International Law,
2014
Robins, Kaplan, Miller & Ciresi LLP.
Globalization And International Law, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union,
2014
Seton Hall University School of Law
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management,
2014
University of Georgia School of Law
Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?,
2014
University of Georgia School of Law
A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana,
2014
Department of Law, University of Guyana
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Georgia Journal of International & Comparative Law
No abstract provided.
Summary Of Déjà Vu Showgirls Of Las Vegas, Llc V. Nevada Dep’T Of Taxation, 130 Nev. Adv. Op. 72,
2014
Nevada Law Journal
Summary Of Déjà Vu Showgirls Of Las Vegas, Llc V. Nevada Dep’T Of Taxation, 130 Nev. Adv. Op. 72, Hayley Miller
Nevada Supreme Court Summaries
The Court (1) determined the sole remedy for a taxpayer aggrieved by a final decision from the Nevada Tax Commission concerning a tax refund request under NRS Chapter 368A (the Nevada Live Entertainment Tax) is to file a petition for judicial review pursuant to NRS 233B.130 and (2) reaffirmed its judicial estoppel doctrine.
The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?,
2014
University of Georgia School of Law
The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson
Georgia Journal of International & Comparative Law
No abstract provided.
Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World,
2014
University of Georgia School of Law
Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen
Georgia Journal of International & Comparative Law
No abstract provided.
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America,
2014
University of Georgia
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon
Georgia Journal of International & Comparative Law
No abstract provided.
Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?,
2014
University of Georgia School of Law
Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele
Georgia Journal of International & Comparative Law
No abstract provided.
Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights,
2014
University of Georgia School of Law
Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris
Georgia Journal of International & Comparative Law
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction,
2014
University of Georgia School of Law
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service,
2014
International Monetary Fund
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
Georgia Journal of International & Comparative Law
No abstract provided.
Sela V. Yehieli,
2014
Supreme Court of Israel
Sela V. Yehieli, Uzi Vogelman, Esther Hayut, Neal Hendel
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
Facts: An appeal of the decision of the Haifa Administrative Affairs Court, dismissing the petition of the Appellants and holding that the court should not intervene in the decision of the Kfar Vradim local council according to which a women’s mikve (ritual bath) would not be constructed in the town in the near future.
Held: As a rule, a local council enjoys broad discretion …
Qualified Immunity And Statutory Interpretation,
2014
Seattle University School of Law
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Seattle University Law Review
Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …
