Devising Law: On The Philosophy Of Legal Emblems,
2012
Benjamin N. Cardozo School of Law
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Articles
No abstract provided.
The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts,
2012
Sea Grant Law Fellow, Roger Williams University School of Law
The Implications Of Rolling Easements And Transferred Development Rights In Maine, Connecticut, And Massachusetts, Katie Zilgme
Sea Grant Law Fellow Publications
No abstract provided.
Managing The Urban Commons,
2012
Notre Dame Law School
Managing The Urban Commons, Nicole Stelle Garnett
Journal Articles
Over the past several decades, debates about the appropriate tools of commons management have played themselves out in a particularly illuminating way in the management of urban public spaces. Some commentators urge, a là Garrett Hardin, that government coercion is needed to restore order to the urban commons. Others urge the privatization or quasi-privatization of urban public-spaces. On the ground in American cities, these theoretical arguments have been translated into concrete policies, especially policing strategies (e.g., order-maintenance and community policing) and urban development strategies (e.g., business improvement districts). This is an opportune time to reexamine the commons-management questions raised by …
Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners,
2012
New York Law School
Cutting Municipal Services During Fiscal Crisis: Lessons From The Denial Of Services To Condominium And Homeowner Association Owners, Gerald Korngold
Articles & Chapters
No abstract provided.
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample
Surveys: The Willingness Of An American Community To Increase Taxes,
2012
University of Nebraska
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Lisa PytlikZillig Publications
Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …
The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine,
2012
Georgetown University Law Center
The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole
Georgetown Law Faculty Publications and Other Works
In Holder v. Humanitarian Law Project, the Supreme Court’s first decision pitting First Amendment rights against national security interests since the terrorist attacks of September 11, 2001, the Court appears to have radically departed from some of the First Amendment’s most basic principles, including the maxims that speech may not be penalized because of its viewpoint, that even speech advocating crime deserves protection until it constitutes incitement, and that political association is constitutionally protected absent specific intent to further a group’s illegal ends. These principles lie at the core of our political and democratic freedoms, yet Humanitarian Law Project …
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring,
2012
Touro University Jacob D. Fuchsberg Law Center
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig
Scholarly Works
Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy,
2011
Boston University School of Law
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson
Michigan Law Review First Impressions
With Stare Decisis and Constitutional Text, Jonathan Mitchell has produced what I think is the most interesting and creative textual defense (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases. Mitchell's careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule-a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct conclusions …
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights,
2011
University of Georgia, Athens
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner
Journal of Food Law & Policy
Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to prevent the introduction and dissemination of …
Property's Morale,
2011
Fordham Law School
Property's Morale, Nestor M. Davidson
Michigan Law Review
A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …
Criminal Law’S Tribalism,
2011
Autralian National University College of Law
Criminal Law’S Tribalism, Molly Townes O'Brien
Connecticut Public Interest Law Journal
No abstract provided.
Front Matters - Vol. 11, No. 1,
2011
University of Connecticut School of Law
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share,
2011
Villanova University Charles Widger School of Law
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Working Paper Series
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
Truth, Justice, And The Libertarian Way(S),
2011
Boston Univeristy School of Law
Truth, Justice, And The Libertarian Way(S), Gary S. Lawson
Faculty Scholarship
More than twenty years ago, I was commissioned to write an article – my very first scholarly article – on “the ethics of insider trading” (this was hot on the heels of the Ivan Boesky insider-trading scandal of the mid-1980s).1 After tracing philosophical debates concerning the morality of exchanges based on unequal information from Cicero and Aquinas through Henry Manne and Frank Easterbrook,2 I had to decide what I could responsibly say in a scholarly work as a matter of substantive moral theory about the practice of insider trading – and derivatively what it would be appropriate to say normatively …
The Future Of Public Interest Law,
2011
University of Arkansas Little Rock
The Future Of Public Interest Law, Scott L. Cummings
University of Arkansas at Little Rock Law Review
No abstract provided.
Bridging The Civil Justice Gap In Arkansas,
2011
University of Arkansas Little Rock
Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck
University of Arkansas at Little Rock Law Review
No abstract provided.
Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work,
2011
University of Arkansas Little Rock
Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession,
2011
University of Arkansas Little Rock
A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter
University of Arkansas at Little Rock Law Review
No abstract provided.
Public Interest Law: Facing The Problems Of Maturity,
2011
University of Arkansas Little Rock
Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek
University of Arkansas at Little Rock Law Review
No abstract provided.
A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor,
2011
University of Arkansas Little Rock
A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels
University of Arkansas at Little Rock Law Review
No abstract provided.
