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Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott 2020 Allard School of Law at the University of British Columbia

Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott

Centre for Law and the Environment

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 …


Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood 2020 Allard School of Law at the University of British Columbia

Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood

Centre for Law and the Environment

This paper explores how the rights of nature could be protected through legislation in British Columbia (BC). Canada is far behind other countries in protecting rights of nature. Canadian law does not currently recognize the rights of nature in any meaningful way. Numerous statutes in Canada making nature—from fisheries to wildlife, to the land itself—the exclusive property of humans, with no inherent right to exist, flourish or be restored. We explore two potential avenues for protecting the rights of nature in British Columbia: 1) amendment of existing legislation, and 2) a new stand-alone rights of nature statute. We examine trailblazing …


Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas 2020 University at Buffalo School of Law

Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas

Buffalo Environmental Law Journal

No abstract provided.


State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London 2020 Coltura

State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London

Michigan Journal of Environmental & Administrative Law

By requiring that new vehicles sold after a certain date be electric, states can lower drivers’ vehicle operating costs, boost local employment, and lower electric rates. But there’s a widespread perception that states can’t take advantage of these opportunities because a state vehicle electrification mandate would be preempted by federal law.

Not so.

While the Federal Clean Air Act (CAA) prohibits state regulations “relating to” the control of emissions in motor vehicles, and the Federal Energy Policy and Conservation Act (EPCA) prohibits state regulations “related to” fuel economy standards, there is a strong rationale for federal courts to reject preemption …


Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar 2020 Yale Law School and Yale School of Management

Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar

Articles

A key question at the intersection of state and federal law is whether corpo- rations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Secur- ities Act of 1933 (“1933 Act”). The decision held that the internal affairs doc- trine, which is the bedrock of U.S. corporate law, does not permit charter …


22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State of Rhode Island 2020 Roger Williams University

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


The Firm-Perceived Contingencies To Political Strategy, Jessica Zeiss, Les Carlson 2020 Ball State University

The Firm-Perceived Contingencies To Political Strategy, Jessica Zeiss, Les Carlson

AMTP Proceedings 2020

Because assumptions that firm decisions to manage external politics revolve around traditional resources and capabilities (e.g., capital, technology) impede environmental management theories, this research explores additional antecedents, i.e., perceived uncertainty, firm political infrastructure. Study One qualitative data support ideas related to management as a matter of a firm’s perceptually constructed environment among deterministic firms. Study Two quantitative data find a strategic choice firm orientation is developed through management structures (e.g., specialized staff, routines), despite post-hoc analyses confirming both firm types operate in similar environments. Combined, these studies disconfirm traditional resources as a driver of firm political activity. Moreover, Study Two …


Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss 2020 Ball State University

Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss

AMTP Proceedings 2020

This qualitative research seeks to shed light on the manner in which marketing and corporate political activity (CPA) interface through senior-level managers acting as key informants. Relying on transcendental phenomenology (n = 41) and grounded theory (n = 402) methods, respectively, Study One uncovers a set of activities difficult to distinguish as either marketing or politics, i.e., legitimacy branding, with Study Two invalidated legitimacy branding as a traditional political strategy. Legitimacy branding’s key characteristics –1) branded reputations, 2) nonmarket targets, 3) for proactive control – position it as marketing-based CPA. While such strategy is generally consistent with previous findings, they …


The Unfairness Of The Misnamed "Fairness For All" Act, Ryan T. Anderson, Robert P. George 2020 University of Dallas

The Unfairness Of The Misnamed "Fairness For All" Act, Ryan T. Anderson, Robert P. George

Journal of Legislation Online

No abstract provided.


Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson 2020 Notre Dame Law School

Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson

Journal of Legislation Online Supplement

No abstract provided.


The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George 2020 Notre Dame Law School

The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George

Journal of Legislation Online Supplement

No abstract provided.


Clarity Or Confusion?: The Common Law Economic Substance Doctrine And Its Statutory Counterpart, Summer Desloge 2020 Notre Dame Law School

Clarity Or Confusion?: The Common Law Economic Substance Doctrine And Its Statutory Counterpart, Summer Desloge

Journal of Legislation

No abstract provided.


The Relationship Between The Bill Of Attainder Clause, The Use Of Sanctions As A Regulatory Tool For Foreign Trade, And Corporate Personhood, Alina Veneziano 2020 Notre Dame Law School

The Relationship Between The Bill Of Attainder Clause, The Use Of Sanctions As A Regulatory Tool For Foreign Trade, And Corporate Personhood, Alina Veneziano

Journal of Legislation

No abstract provided.


Federal Legislation Still Has A Role To Play In The Fight For Student-Athlete Compensation, Brandon Beyer 2020 Notre Dame Law School

Federal Legislation Still Has A Role To Play In The Fight For Student-Athlete Compensation, Brandon Beyer

Journal of Legislation

No abstract provided.


Rluipa At 20: A Quantitative Study Of Its Impact On Land Use And Religious Minorities, Lucien J. Dhooge 2020 Notre Dame Law School

Rluipa At 20: A Quantitative Study Of Its Impact On Land Use And Religious Minorities, Lucien J. Dhooge

Journal of Legislation

No abstract provided.


Does Objectives-Based Financial Regulation Imply A Rethink Of Legislatively Mandated Economic Regulation? A Literature Review, Bryane Michael, Say-Hak Goo, Svitlana Osaulenko 2020 Notre Dame Law School

Does Objectives-Based Financial Regulation Imply A Rethink Of Legislatively Mandated Economic Regulation? A Literature Review, Bryane Michael, Say-Hak Goo, Svitlana Osaulenko

Journal of Legislation

No abstract provided.


#Courtstoo: Constitutional Judicial Accountability In The #Metoo Era, Zachary Johnson 2020 Notre Dame Law School

#Courtstoo: Constitutional Judicial Accountability In The #Metoo Era, Zachary Johnson

Journal of Legislation

No abstract provided.


New Evidence For The Broad View: Reconsidering The Absolute Priority Rule In Individual-Debtor Chapter 11 Cases Post-Sbra, Justin J. Maroni 2020 Notre Dame Law School

New Evidence For The Broad View: Reconsidering The Absolute Priority Rule In Individual-Debtor Chapter 11 Cases Post-Sbra, Justin J. Maroni

Journal of Legislation

No abstract provided.


Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Chris Stewart, Gene Schaerr 2020 Notre Dame Law School

Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Chris Stewart, Gene Schaerr

Journal of Legislation

No abstract provided.


Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy 2020 William & Mary Law School

Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy

William & Mary Environmental Law and Policy Review

When the sun is shining bright on a scorching ninety-degree summer day, it takes less than an hour for tragedy to strike, even in the shade. Within less than sixty minutes, the temperature inside a closed vehicle will rise rapidly from the outdoor ninety-degree mark to upwards of more than one hundred and thirty degrees. As this temperature spike takes effect, any animal or child left in a vehicle will only have about fifteen minutes before being exposed to potentially deadly conditions.

While most of us think we are incapable of accidentally leaving our beloved child or companion in the …


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