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Locating Keith Aoki: Space, Geography, And Local Government Law, Rick Su 2012 UNC School of Law

Locating Keith Aoki: Space, Geography, And Local Government Law, Rick Su

Journal Articles

The late legal scholar Keith Aoki wrote on a wide range of legal issues, from intellectual property and genetic engineering to immigration and racial politics. This retrospective highlights his work on space, legal geography, and local government law. Aoki not only began his legal career exploring these issues, he also continuously drew upon their insights to frame legal inquiries in other fields as the scope of his research expanded. This essay shows Aoki to be more than an innovator in the study of space, legal geography and local government law. Indeed, he was one of their most important ambassadors.


Local Promise For Climate Mitigation: An Empirical Assessment, Uma Outka, Richard Feiock 2012 William & Mary Law School

Local Promise For Climate Mitigation: An Empirical Assessment, Uma Outka, Richard Feiock

William & Mary Environmental Law and Policy Review

This interdisciplinary work contributes empirical grounding to the growing literature in law and public policy on local governments and climate mitigation. Much of the recent scholarship presents an optimistic view of the potential in local climate action. Here, we refine the optimism for local governments’ impact with new performance data that probes local progress and capacity for climate governance. Our analysis—based on a new study measuring policy choice, implementation, and influences— reevaluates a number of assumptions undergirding this scholarship and provides direction for targeted investment and research.


Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones 2012 University of Arkansas, Fayetteville

Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones

Journal of Food Law & Policy

Due to Congress' recent agenda, oenophiles throughout the country are up in arms about the possible threat to their beloved wine. Wine lovers and other alcohol enthusiasts face the very real fear that access to their favorite products may soon be heavily restricted. This is in large part attributed to the fact that House Resolution 1161 would effectively change the ways in which states regulate alcohol shipment. The possible implications of this bill range from the forced shutdown of many wineries and distilleries due to lack of funding, to the smaller effects of regulation such as the inability of customers …


Issue 4: Table Of Contents, 2012 University of Richmond

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.


“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden 2012 American University Washington College of Law

“Strong Words, Gentle Deeds”: Evaluating The Effectiveness Of The Maryland Immigration Consultant Act Five Years On, Cori Alonso-Marsden

Legislation and Policy Brief

On February 7, 2005, legislators introduced in the Maryland General Assembly a bill entitled “Consumer Protection – Immigration Consulting Services.” Designated as House Bill 691, the legislation sought to protect Maryland consumers through a series of civil and criminal provisions targeting consultants for unauthorized immigration legal practice. Primarily, House Bill 691 limited the types of services an immigration consultant could offer and the claims she could make regarding those services. In addition, the law required that the consultant provide the client with a posted disclaimer regarding the scope of the service, and a written contract prior to the provision of …


Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University of Colorado Boulder. School of Law, University of Colorado Law Review 2012 University of Colorado Law School

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …


Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson 2012 Pepperdine University

Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson

Pepperdine Dispute Resolution Law Journal

This article seeks to share lessons from an ongoing six-year project to overcome the barriers to the use of facilitation and mediation (ADR) processes for addressing regional and interjurisdictional planning disputes throughout Southern California. The participants in this effort originally assumed that the successful use of mediation in high profile disputes would lead to greater acceptance of ADR processes by governmental officials. After several failed attempts, project leaders concluded that it would be appropriate to refocus the original methodology and strategy for promoting the use of ADR. The new strategy focuses on the establishment of mediation services for community-based disputes …


Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy 2012 Pepperdine University

Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy

Pepperdine Dispute Resolution Law Journal

The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …


Partnerships That Benefit State Systems, Suzzanne Freeze, John Butterworth, Daria Domin, Allison Hall, Jean Winsor, Institute for Community Inclusion, University of Massachusetts Boston 2012 University of Massachusetts Boston

Partnerships That Benefit State Systems, Suzzanne Freeze, John Butterworth, Daria Domin, Allison Hall, Jean Winsor, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

Our work assists states with building a comprehensive understanding of the factors that influence employment outcomes at all levels: individuals and family, service providers, and state policy. The Framework for Employment, developed through extensive experience and research conducted within the state, is used to guide the much of the system improvement strategy work. The elements represent practices and outcomes known to be effective at enabling states to develop and sustain high-preforming integrated employment system.


Right, But For The Wrong Reasons: How A Certified Question To The Supreme Court Of North Carolina Could Have Alleviated Conflicting Views And Brought Clarity To North Carolina State Law, Sharika Robinson 2012 North Carolina Central University School of Law

Right, But For The Wrong Reasons: How A Certified Question To The Supreme Court Of North Carolina Could Have Alleviated Conflicting Views And Brought Clarity To North Carolina State Law, Sharika Robinson

North Carolina Central Law Review

No abstract provided.


Fracturing Regulation Applied, Hannah J. Wiseman 2012 Florida State University College of Law

Fracturing Regulation Applied, Hannah J. Wiseman

Scholarly Publications

No abstract provided.


Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill 2012 Chicago-Kent College of Law

Lebron V. Gottlieb And Noneconomic Damages For Medical Malpractice Liability: Closing The Door On Caps, But Opening It To New Possibilities, Jacquelyn M. Hill

Chicago-Kent Law Review

In Lebron v. Gottlieb, decided in February of 2010, the Illinois Supreme Court struck down Public Act 94-677, finding that its cap on noneconomic damages violated the Illinois Constitution's separation of powers clause. The Court primarily relied upon the remittitur doctrine to come to its conclusion. This case comment addresses the Lebron decision and its rationale, particularly its focus on the remittitur doctrine. Additionally, this comment addresses the following concepts: 1) the background and history of attempts to limit common law liability in tort law in Illinois; 2) other jurisdictions' responses to statutory caps; 3) the Lebron majority's distinctions regarding …


Profile - The Gates Foundation Leed Platinum Seattle Headquarters, James Hagy 2012 New York Law School

Profile - The Gates Foundation Leed Platinum Seattle Headquarters, James Hagy

Rooftops Project

In this first article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, visits with the Gates Foundation at its recently opened LEED Platinum Seattle headquarters campus.


Beyond Bailouts: Federal Tools For Preventing State Budget Crises, Brian D. Galle, Kirk J. Stark 2012 Boston College

Beyond Bailouts: Federal Tools For Preventing State Budget Crises, Brian D. Galle, Kirk J. Stark

Indiana Law Journal

More than two years after the official end of the Great Recession, state governments still face significant budget deficits that cannot be addressed without further drastic spending cuts or substantial revenue increases. The structural origins of the ongoing state fiscal crisis are well known. Excessively procyclical revenue structures, combined with spending obligations that increase with economic downturns, have resulted in a budget dynamic for the states that is not sustainable over the long term. The consensus solution to this problem is for states to save money during boom times (via budget stabilization or “rainy day” funds) and to draw on …


The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch 2012 Bemidji State University

The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch

Political Science Theses and Capstones

Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …


Ripening On The Vine: North Carolina's Renewable Energy And Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead Of 2012 Compliance Deadline, Robert W. Kaylor, Patrick T. Buffkin 2012 North Carolina Central University School of Law

Ripening On The Vine: North Carolina's Renewable Energy And Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead Of 2012 Compliance Deadline, Robert W. Kaylor, Patrick T. Buffkin

North Carolina Central Law Review

No abstract provided.


The Eye-Roll Heard 'Round The World: Protecting Citizens' Free Speech And Petition Rights In Accessing Local Government, Sarah Klaper 2012 DePaul University College of Law

The Eye-Roll Heard 'Round The World: Protecting Citizens' Free Speech And Petition Rights In Accessing Local Government, Sarah Klaper

Cardozo Public Law, Policy & Ethics Journal

The article argues that local governments should not restrict citizens' non-verbal expressions, such as eye-rolling, during public meetings unless there is a compelling reason. It emphasizes that such restrictions must be viewpoint-neutral and narrowly tailored to maintain the balance between order and First Amendment rights.


Federal - State Tax Coordination: What Congress Should Or Should Not Do -- Testimony Of Walter Hellerstein On Tax Reform: What It Means For State And Local Tax And Fiscal Policy, Before The Committee On Finance, Walter Hellerstein 2012 University of Georgia School of Law

Federal - State Tax Coordination: What Congress Should Or Should Not Do -- Testimony Of Walter Hellerstein On Tax Reform: What It Means For State And Local Tax And Fiscal Policy, Before The Committee On Finance, Walter Hellerstein

Scholarly Works

Testimony of Walter Hellerstein, Francis Shackelford Professor of Taxation Distinguished Research Professor, before the Committee on Finance, hearing on Tax Reform: What It Means for State and Local Tax and Fiscal Policy, United States Senate, April 25, 2012.


Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford 2012 Pepperdine University

Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford

Pepperdine Dispute Resolution Law Journal

In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …


A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan 2012 Pepperdine University

A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan

Pepperdine Dispute Resolution Law Journal

Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …


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