Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?,
2017
Pace University
Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey
Pace Environmental Law Review
The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …
The Missouri Student Transfer Program,
2017
University Missouri - St. Louis
The Missouri Student Transfer Program, Howard E. Fields Iii
Dissertations
In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.
The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …
Supervised Release Sentences Of Child Pornography Offenders In U.S. District Courts: An Examination Of Disparity,
2017
University of Missouri-St. Louis
Supervised Release Sentences Of Child Pornography Offenders In U.S. District Courts: An Examination Of Disparity, Niquita Marie Loftis
Dissertations
The statutory supervised release sentencing range for child pornography offenders convicted in U.S. District Courts is five years to life. However, the guideline policy statement contained in the Federal Sentencing Guidelines recommends lifetime supervision for all child pornography offenders. U.S. Sentencing Commission (USSC) data for fiscal year 2012 indicate that only approximately 33% of child pornography offenders were sentenced to lifetime supervision. This variation suggests the possibility of unwarranted supervised release sentencing disparities. The dissertation explores this possibility by examining the effects of individual-level legal and extralegal factors and district-level contextual factors on supervised release sentences for child pornography offenders. …
Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017,
2017
Roger Williams University
Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction,
2017
Pepperdine University
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau
Journal of the National Association of Administrative Law Judiciary
Whistleblowers have uncovered billions of dollars of fraud and severe national security threats. Nonetheless, for many years, federal employee whistleblowers faced retaliation and termination. Congress passed the Whistleblower Protection Act (WPA) in an attempt to protect federal employee whistleblowers. But, the exclusive court for WPA appeals, the Federal Circuit, ignored Congressional intent and limited the WPA’s protections. In 2013, Congress responded by creating a five year experiment, known as “all circuit review,” to determine if WPA claims should also be appealable to the regional circuits. Over the past three years, all circuit review has led to modest changes in WPA …
Circuit Splits,
2017
Seton Hall University
First Impressions,
2017
Seton Hall University
May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation,
2017
Seton Hall University
May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane
Seton Hall Circuit Review
No abstract provided.
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles,
2017
University of Central Missouri
Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen
Center on Children, Families, and the Law: Faculty Publications
The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …
Pushing The Envelope: Application Of Guiding Cases In Chinese Courts And Development Of Case Law In China,
2017
University of Washington School of Law
Pushing The Envelope: Application Of Guiding Cases In Chinese Courts And Development Of Case Law In China, Mo Zhang
Washington International Law Journal
The modern Chinese legal system has at least two notable features. First, bearing the civil law tradition, Chinese courts do not follow precedent. Second, under the people’s congress system, the Chinese judiciary has no power to make law. In recent years, however, the Supreme People’s Court of China began building a guiding case system in the Chinese judiciary. The application of guiding cases implicates (a) an expansion of the power of the Chinese judiciary into the field of law-making; and (b) development of case law in China. Chinese guiding cases differ from the common law cases in many aspects, and …
Substantial Similarity: Kohus Got It Right,
2017
University of Michigan Law School
Substantial Similarity: Kohus Got It Right, Gabriel Godoy-Dalmau
Michigan Business & Entrepreneurial Law Review
This Note is organized as follows. Part I discusses the historical development of the substantial similarity inquiry and its role in a Plaintiff’s prima facie case of copyright infringement. Part II evaluates more recent developments in the substantial similarity inquiry. Part III argues that the various standards that lower courts have developed are themselves substantially similar to each other. This analysis is in line with the Sixth Circuit’s decision in Kohus. Although largely ignored by the scholarly community, the Sixth Circuit’s decision in Kohus got it right.
Potential Life In The Doctrine,
2017
University of Michigan Law School
Potential Life In The Doctrine, Leah Litman
Articles
In their article, Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin seek to shore up the doctrinal basis for a woman’s constitutional right to end her pregnancy. While Chemerinsky and Goodwin are partly concerned about the status of abortion rights in the United States because of President Donald Trump’s promise prior to taking office to appoint Justices to the Supreme Court who will overturn Roe v. Wade, they also maintain that some of the threat to abortion rights arises from an uncomfortable tension in the doctrine that recognizes states’ interest in potential life. I agree with Chemerinsky and …
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust,
2017
University of Miami School of Law
Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham
Articles
No abstract provided.
Appellate Standards Of Review Then And Now,
2017
University of Arkansas Little Rock
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States,
2017
University of Arkansas Little Rock
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court,
2017
University of Arkansas Little Rock
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts,
2017
University of Arkansas Little Rock
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
The Journal of Appellate Practice and Process
No abstract provided.
Narratives Of Self-Government In Making The Case,
2017
University of Arkansas Little Rock
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines,
2017
Indiana University Maurer School of Law
Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards
Indiana Law Journal
This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw,
2017
Benjamin N. Cardozo School of Law
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky
Articles
Gobeille v. Liberty Mutual Insurance Co. is the U.S. Supreme Court’s most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court’s literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler’s broader construction of ERISA preemption. …
