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Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo 2016 St. Mary's University

Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.


The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott 2016 St. Mary's University

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott

St. Mary's Law Journal

When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …


Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez 2016 St. Mary's University

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.


A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano 2016 St. Mary's University

A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano

St. Mary's Law Journal

Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …


The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler 2016 St. Mary's University

The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler

St. Mary's Law Journal

Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …


The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler 2016 SJ Quinney College of Law, University of Utah

The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler

Utah Law Review

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …


Paying High For Low Performance, Steven A. Bank, George S. Georgiev 2016 University of California, Los Angeles School of Law

Paying High For Low Performance, Steven A. Bank, George S. Georgiev

Articles

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay ratio disclosure, adopted in August 2015, and the rules on pay-versus-performance disclosure and the clawback of certain incentive compensation, proposed in April 2015 and July 2015, respectively, are also unlikely to succeed. For the most part, the rules are intuitive and well-intentioned, but a closer …


How Cheap Is Corporate Talk? Comparing Companies' Comments On Regulations With Their Securities Disclosures, James W. Coleman 2016 Southern Methodist University, Dedman School of Law

How Cheap Is Corporate Talk? Comparing Companies' Comments On Regulations With Their Securities Disclosures, James W. Coleman

Faculty Journal Articles and Book Chapters

When companies face adverse proposed rules, they may want to convince regulators that the proposed rules are unworkable and should be changed while, at the same time, reassuring investors that the rules will be manageable. These conflicting incentives may lead to inconsistent messages in regulatory comments and securities disclosures, fueling a perception that corporate submissions to regulators are cheap talk. Despite this perception, there has been no empirical study comparing statements to these two audiences. This project performs such a study, taking the example of comments submitted on the Environmental Protection Agency's Renewable Fuel Standard. This standard provides an ideal …


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School of Law 2016 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.


Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Neil Craik 2016 Osgoode Hall Law School of York University

Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Neil Craik

Osgoode Hall Law Journal

As the duty to consult Aboriginal peoples is operationalized within the frameworks of government decision making, the relevant agencies are increasingly turning to environmental assessment (EA) processes as one of the principal vehicles for carrying out those consultations. This article explores the practical and theoretical dimensions of using EA processes to implement the duty to consult and accommodate. The relationship between EA and the duty to consult has arisen in a number of cases and a clear picture is emerging of the steps that agencies conducting EAs must carry out in order to discharge their constitutional obligations to Aboriginal peoples. …


The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy’S Unbearable Licence, Jocelyn Stacey 2016 Osgoode Hall Law School of York University

The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy’S Unbearable Licence, Jocelyn Stacey

Osgoode Hall Law Journal

This short reply clarifies and defends the argument presented in “The Environmental Emergency and the Legality of Discretion in Environmental Law.” It responds to the arguments that were made, and that could have been made, in Pardy’s critique “An Unbearable Licence.” The reply further develops the public-justification conception of the rule of law, arguing that it is at home within Canadian public law. It also argues that this conception of the rule of law highlights possibilities for future research directions in Canadian environmental law.


Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey 2016 Suffolk University Law School

Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey

Suffolk University Law School Faculty Works

Can the President, through executive action with no approval of Congress whatsoever, change the world? Declared President Obama: “If Congress won't act soon to protect future generations, I will.” What is considered the second most important invention in history—electricity—has had its legal regulation and technological foundation fundamentally changed by unilateral executive action in
the past two years. As a result of this unilateral executive action, critical technology and modern society are changing fundamentally.

This is not without legal challenge: Shortly after the Obama Administration announced its Clean Power Plan, House of Representatives Speaker John Boehner announced that he and others …


When A State Does The "Circuit": State Administrative Discretion At The Jurisdictional Precipice, Steven Ferrey 2016 Suffolk University Law School

When A State Does The "Circuit": State Administrative Discretion At The Jurisdictional Precipice, Steven Ferrey

Suffolk University Law School Faculty Works

California raised its renewable energy requirement, already the most ambitious of all the contiguous 48 states, to require 50% of all electric power generated by 2030 to be generated from renewable energy. This now is the most aggressive renewable energy standard of any major economy in the world. California's low carbon fuel standard, eventually upheld by the Ninth Circuit with a dissent, appears to be disconnected with the last half century of Supreme Court Commerce Clause jurisprudence. After this decision, as noted by a member of the Ninth Circuit, California may now be given free license to impose carbon tariffs …


Table Of Contents, Public Interest Law Reporter 2016 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim 2016 Loyola University Chicago, School of Law

Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim

Public Interest Law Reporter

No abstract provided.


A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy 2016 Loyola University Chicago, School of Law

A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy

Public Interest Law Reporter

No abstract provided.


Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos 2016 Loyola University Chicago, School of Law

Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

With the major judicial holding of Obergefell v. Hodges, the Supreme Court of the United States legally recognized same sex-marriage. Advocates of the lesbian, gay, bisexual and transgender (LGBT) community celebrated in the granting of what many deemed a fundamental right. Now, with the ability to freely marry, same-sex couples are looking to grow their family through adoption, with some adoption agencies seeing a slight increase in upwards of 700 applicants a month. This article will address the legal challenges, and proposed solutions, to expanding American same-sex couples' legal rights to adopt children outside of the United States.


Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez 2016 Loyola University Chicago, School of Law

Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez

Public Interest Law Reporter

No abstract provided.


The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang 2016 Loyola University Chicago, School of Law

The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang

Public Interest Law Reporter

No abstract provided.


Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar 2016 Loyola University Chicago, School of Law

Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar

Public Interest Law Reporter

No abstract provided.


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