Water Trust Board,
2014
University of New Mexico - School of Law
Water Trust Board, Joanne Hilton, Darcy S. Bushnell
Water Matters!
In 2001, the New Mexico legislature passed the Water Project Finance Act. The stated purpose of the Water Project Finance Act is to provide a financing mechanism to promote water use efficiency, water resource conservation and protection, and fair distribution and allocation of water to all users. The Water Trust Board was created in the Act. Its purpose is to: 1) oversee and administer the Water Trust Fund and Water Project Fund; 2) review and recommend funding for qualifying water projects to the legislature; and 3)pursue additional funding opportunities.
Strategic Water Reserve,
2014
University of New Mexico - School of Law
Strategic Water Reserve, Brigette Buynak, Stephanie Tsosie
Water Matters!
The Strategic Water Reserve (Reserve) established in 2005 transforms New Mexico’s policies regarding river management. The Reserve is a pool of publicly held water rights dedicated to keeping New Mexico’s rivers flowing to meet the needs of river-dependent endangered species and to fulfill our water delivery obligations to other states. It is a tool for New Mexico to achieve sensible and sustainable water policies by balancing water use between cities, industry, agriculture, and the rivers of the state.
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality,
2014
Osgoode Hall Law School of York University
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
All Papers
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Concentrated Enforcement,
2014
University of Miami School of Law
Concentrated Enforcement, Leigh Osofsky
Articles
When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax literature suggests that they should be allocated based on a "worst-first" method, whereby the individuals likely to be most noncompliant are targeted. However, while "worst-first" methods can encourage all individuals to increase compliance so as not to be deemed the "worst, " they can also provide cover to engage in noncompliance that …
Privacy In Public,
2014
Fordham University School of Law
Privacy In Public, Joel R. Reidenberg
Faculty Scholarship
As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three stages of development …
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare,
2014
Fordham University School of Law
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare, Sheila R. Foster
Faculty Scholarship
In the last decade, dozens of local governments have enacted zoning ordinances designed to limit the concentration of payday lenders and other alternative financial services providers (AFSPs), such as check-cashing businesses and auto title loan shops, in their communities. The main impetus for these ordinances is to shield economically vulnerable residents from the industry’s lending practices in the absence of sufficiently aggressive federal and state consumer protection regulation. This Essay casts considerable doubt on whether zoning is the appropriate regulatory tool to achieve the consumer protection and welfare goals animating these ordinances. The author’s analysis of the aftermath of payday …
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes,
2014
Benjamin N. Cardozo School of Law
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes, Kori Clanton
Cardozo Journal of Conflict Resolution
This Note focuses on how online dispute resolution ("ODR") processes, as opposed to litigation, offer a more efficient and effective legal solution to resolving online impersonation disputes. The purpose of this Note is to analyze the measures state legislatures and social media websites have implemented to combat online impersonation cases, and to propose a practical ODR solution that will eliminate the burdens of litigation and provide a cost-efficient and time-effective remedy. Section I provides an introduction to the current relevance and rising incidents of online impersonation via social media websites such as Facebook and Twitter. Section II explores the historical …
It's Critical: Legal Participatory Action Research,
2014
University of Cincinnati College of Law
It's Critical: Legal Participatory Action Research, Emily M.S. Houh, Kristin Kalsen
Michigan Journal of Race and Law
This Article introduces a method of research that we term “legal participatory action research” or “legal PAR” as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the “fringe economy” that comprises “alternative lending services” and products, including but not limited to pawnshops, check cashers, payday lenders, direct deposit loans, (tax) refund anticipation loans, and car title loans. As importantly, this article also contributes to the related fields of critical race theory, feminist legal theory, …
Grabbing The Bull By The Horns: The Future Of Mortgage Lending And Securitization In The Aftermath Of The Financial Crisis,
2014
University of Florida Levin College of Law
Grabbing The Bull By The Horns: The Future Of Mortgage Lending And Securitization In The Aftermath Of The Financial Crisis, Daniel Chatlos
University of Florida Journal of Law & Public Policy
No abstract provided.
The Current Usage And Enforceability Of Arbitration Clauses Post-Stern: Have No Fear,
2014
University of Florida Levin College of Law
The Current Usage And Enforceability Of Arbitration Clauses Post-Stern: Have No Fear, Benjamin Shiekman
University of Florida Journal of Law & Public Policy
No abstract provided.
Liberty And Justice For All: The Violations Of Basic Human Rights In Detention Centers Across The United States,
2014
University of Florida Levin College of Law
Liberty And Justice For All: The Violations Of Basic Human Rights In Detention Centers Across The United States, Olga Velez
University of Florida Journal of Law & Public Policy
No abstract provided.
The Amendment 7 Decade: Ten Years Of Living With A "Patient's Right To Know" In Florida,
2014
University of Florida
The Amendment 7 Decade: Ten Years Of Living With A "Patient's Right To Know" In Florida, Philip M. Cox, Jan Rebstock, James Osgard, Matthew A. Goodwin
University of Florida Journal of Law & Public Policy
No abstract provided.
Preserving The Promise Of Higher Education: Ensuring Access To The "American Dream" Through Student Debt Reform,
2014
University of Florida Levin College of Law
Preserving The Promise Of Higher Education: Ensuring Access To The "American Dream" Through Student Debt Reform, Bryan D. Watson
University of Florida Journal of Law & Public Policy
No abstract provided.
At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face Lift, But Will It Integrate America's Cities?,
2014
University of Florida Levin College of Law
At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face Lift, But Will It Integrate America's Cities?, Jonathan J. Sheffield
University of Florida Journal of Law & Public Policy
No abstract provided.
The Morality Of Prenatal Genetic Diagnosis And Its Relation To Public Policy,
2014
University of Florida Levin College of Law
The Morality Of Prenatal Genetic Diagnosis And Its Relation To Public Policy, Mischael Sachmorov
University of Florida Journal of Law & Public Policy
No abstract provided.
A Border Trial Judge Looks At Immigration: Heeding The Call To Do Principled Justice To The Alien Without Getting Bogged Down In Partisan Politics: Why The U.S. Immigration Laws Are Not Broken (But Could Use Some Repairs),
2014
University of Florida Levin College of Law
A Border Trial Judge Looks At Immigration: Heeding The Call To Do Principled Justice To The Alien Without Getting Bogged Down In Partisan Politics: Why The U.S. Immigration Laws Are Not Broken (But Could Use Some Repairs), James O. Browning, Jason P. Kerkmans
University of Florida Journal of Law & Public Policy
No abstract provided.
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property,
2014
Golenbock Eiseman Assor Bell & Peskoe LLP
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel I: Disclosure And Notice Practices In Private Data Collection,
2014
Carnegie Mellon University
Panel I: Disclosure And Notice Practices In Private Data Collection, Lorrie Cranor, Brett Frischmann, Ryan Harkins, Helen Nissenbaum
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders,
2014
Benjamin N. Cardozo School of Law
The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang
Cardozo Journal of Conflict Resolution
Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas,
2014
Georgia State University College of Law
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito
Faculty Publications By Year
This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.
