Partnership Law,
2014
Haynes and Boone, LLP
Partnership Law, Jeff Dorrill, Matthew Schindel, Salman Bhojani
SMU Annual Texas Survey
No abstract provided.
Professional Liability,
2014
Carrington Coleman
Professional Liability, Debran L. O'Neil, D. Lance Currie, Alex More
SMU Annual Texas Survey
No abstract provided.
Real Property,
2014
Winstead PC
Real Property, J. Richard White, G. Roland Love
SMU Annual Texas Survey
No abstract provided.
Securities Regulation,
2014
St. Mary's University School of Law
Securities Regulation, George L. Flint Jr.
SMU Annual Texas Survey
No abstract provided.
Taxation,
2014
K&L Gates LLP
Taxation, Cynthia M. Ohlenforst, Sam Megally, William J. Ledoux
SMU Annual Texas Survey
No abstract provided.
Wills & Trusts,
2014
Texas Tech University
The United Nations Watercourses Convention On The Dawn Of Entry Into Force,
2014
Florida International University College of Law
The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
Faculty Publications
The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …
Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management,
2014
Florida International University College of Law
Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa
Faculty Publications
Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …
Sex Education In California: The Disconnect Between Legislation And Implementation,
2014
Scripps College
Sex Education In California: The Disconnect Between Legislation And Implementation, Elizabeth A. Silverman
Scripps Senior Theses
This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.
The Contractualization Of Family Law In The United States,
2014
American University Washington College of Law
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments,
2014
Indiana University Maurer School of Law
Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies,
2014
University of Miami School of Law
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
Recent Developments In Land Use Ethics,
2014
Touro University Jacob D. Fuchsberg Law Center
Recent Developments In Land Use Ethics, Patricia E. Salkin
Scholarly Works
Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
The Executive And The Environment: A Look At The Last Five Governors In New York,
2014
Touro Law Center
The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin
Scholarly Works
Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment …
Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union,
2014
Georgetown University Law Center
Charitable Giving, Tax Expenditures, And Direct Spending In The United States And The European Union, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
This Article compares the ways in which the United States and the European Union limit the ability of state-level entities to subsidize their own residents, whether through direct subsidies or through tax expenditures. It uses four recent charitable giving cases decided by the European Court of Justice (ECJ) to illustrate the ECJ’s evolving tax expenditure jurisprudence and argues that, while this jurisprudence may suggest a new and promising model for fiscal federalism, it may also have negative social policy implications. It also points out that the court analyzes direct spending and tax expenditures under different rubrics despite their economic equivalence …
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education,
2014
Unviersity of Michigan Law School
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education, Joshua Arocho
Michigan Law Review
What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …
Federalism, Treaty Implementation, And Political Process: Bond V. United States,
2014
Duke Law School
Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate,
2014
Duke Law School
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
Faculty Scholarship
No abstract provided.
A Common Law Constitutionalism For The Right To Education,
2014
University of Kentucky
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Georgia Law Review
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Liberty Without Capacity: Why States Should Ban Adolescent Driving,
2014
William & Mary School of Law
Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton
Georgia Law Review
Car crashes kill more teens each year than any other cause, and of the crashes in which they are involved, teens are overwhelmingly at fault. Teens crash at rates far higher than those of older drivers, and the younger the teen driver, the higher the risk-sixteen-year-old drivers have crash rates 250% higher than those of eighteen-year- olds. Driving experience does not explain the difference; younger beginners crash at rates higher than those of older beginners. Instead, younger teens' increased crash risk results primarily from immature regulatory competence. In other words, the capacities required for driving competence are still immature in …
