Table Of Contents,
2020
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
The Legal And Constitutional Consequences Of U.S. Police Departments Collaborating With Israeli Security Forces,
2020
Loyola University Chicago School of Law
The Legal And Constitutional Consequences Of U.S. Police Departments Collaborating With Israeli Security Forces, Cruz Rodriguez
Public Interest Law Reporter
No abstract provided.
Defunding The Police: A "Snappy Slogan" Or A Way Forward For People Of Color?,
2020
Loyola University Chicago School of Law
Defunding The Police: A "Snappy Slogan" Or A Way Forward For People Of Color?, Adonis Totten
Public Interest Law Reporter
No abstract provided.
Use Of Force In Unsuccessful Arrests: Torres V. Madrid Tests Scope Of Fourth Amendment Protections,
2020
Loyola University Chicago School of Law
Use Of Force In Unsuccessful Arrests: Torres V. Madrid Tests Scope Of Fourth Amendment Protections, Alexis O'Connor
Public Interest Law Reporter
No abstract provided.
A New Frontier For Ending Qualified Immunity: State Civil Rights Acts,
2020
Loyola University Chicago School of Law
A New Frontier For Ending Qualified Immunity: State Civil Rights Acts, Kyle Johnson
Public Interest Law Reporter
No abstract provided.
Don't Let The Label Fool You: A Closer Look At Less-Lethal Weapons In Policing,
2020
Loyola University Chicago School of Law
Don't Let The Label Fool You: A Closer Look At Less-Lethal Weapons In Policing, Annie Mann
Public Interest Law Reporter
No abstract provided.
Can We Help Without Knowing It's There: The Importance Of Trauma Screening In The Youth Justice Systen,
2020
Loyola University Chicago School of Law
Can We Help Without Knowing It's There: The Importance Of Trauma Screening In The Youth Justice Systen, Sarah Ryan
Public Interest Law Reporter
No abstract provided.
A Pandemic Behind Bars,
2020
Loyola University Chicago School of Law
A Pandemic Behind Bars, Camila Kaplunov
Public Interest Law Reporter
No abstract provided.
Education Challenges During A Global Pandemic,
2020
Loyola University Chicago School of Law
Education Challenges During A Global Pandemic, Colleen Ahern
Public Interest Law Reporter
No abstract provided.
Environmental Racism In The Age Of Covid-19,
2020
Loyola University Chicago School of Law
Environmental Racism In The Age Of Covid-19, Eli Woods
Public Interest Law Reporter
No abstract provided.
Disenfranchisement Of People With Felony Records And The Racial Discrimination Behind It,
2020
Loyola University Chicago School of Law
Disenfranchisement Of People With Felony Records And The Racial Discrimination Behind It, Giovanni Padilla
Public Interest Law Reporter
No abstract provided.
Right To Counsel For Asylum Applicants,
2020
Loyola University Chicago School of Law
Right To Counsel For Asylum Applicants, Romina Nemaci
Public Interest Law Reporter
No abstract provided.
1986 Mass Legalization: How The Irca Can Guide A Modern-Day Amnesty Act,
2020
Loyola University Chicago School of Law
1986 Mass Legalization: How The Irca Can Guide A Modern-Day Amnesty Act, Louisa Carhart
Public Interest Law Reporter
No abstract provided.
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts,
2020
Penn State Law
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
Faculty Scholarship
The 'We Are Still In' movement raised novel and urgent questions about the status of executive agreements, treaties, and customary international law in U.S. courts. As sub-national governments increasingly face difficult trade-offs between climate change mitigation and adaptation, American courts will confront challenges thereto likely grounded in various types of "dormant" preemption of state and local initiatives. This symposium essay argues that our courts must first situate sub-national actions on climate mitigation within a complex and evolving context of mitigation as a globally-scaled collective good that can only be provided if contributions thereto accumulate over time. They must also avoid …
Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails,
2020
Florida A & M University College of Law
Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams
Journal Publications
Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously thereby violating …
Under The Pecos River Compact, Can Texas's Allocation Of Water Be Charged For Evaporation Of Floodwater Stored In An Upstream Reservoir Located In New Mexico?,
2020
Florida A & M University College of Law
Under The Pecos River Compact, Can Texas's Allocation Of Water Be Charged For Evaporation Of Floodwater Stored In An Upstream Reservoir Located In New Mexico?, Robert Abrams
Journal Publications
The 1949 Pecos River Compact allocates the river’s water between Texas and New Mexico. In an earlier phase of this original jurisdiction litigation, concluded roughly 30 years ago, the Supreme Court resolved issues regarding how the states’ obligations were to be calculated. The Compact allocation involves a highly technical formula that depends on measurements of the river’s inflow and outflow in each water year. To effectuate its decision going forward, the Court retained jurisdiction and appointed a River Master to oversee the annual quantification of New Mexico’s delivery obligation. The current dispute arose when in fall of 2014, Tropical Storm …
Uncooperative Environmental Federalism 2.0,
2020
Case Western University School of Law
Uncooperative Environmental Federalism 2.0, Jonathan H. Adler
Faculty Publications
Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A.,
2020
University of Arizona
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
Natural Resources Journal
This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …
Environmental Law,
2020
Allard School of Law at the University of British Columbia
Environmental Law, Jocelyn Stacey
All Faculty Publications
In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In …
Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References,
2020
Allard School of Law at the University of British Columbia
Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
All Faculty Publications
The Canadian federal government’s carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …
