Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute.,
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.,
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.,
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.,
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.,
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,
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,
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,
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),
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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.
