Law School Scholarly Works: Recent submissions
Now showing items 141-160 of 629
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The Seventh Amendment and the Alchemy of Fact and Law
(Seton Hall University School of Law, 2003)The Seventh Amendment to the United States Constitution guarantees a right to jury trial in most civil cases in federal courts. It provides that: In Suits at common law, where the value in controversy shall exceed twenty ... -
State and Local Resistance to the Patriot Act
(University of Kansas, 2005)Congress enacted the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act a little more than a month after the terrorist attacks of September 11, ... -
Cleaning Up the Eighth Amendment Mess
(William & Mary School of Law, 2005)This article critiques the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and defends an alternative understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning ... -
The Insanity of the Mens Rea Model: Due Process and the Abolition of the Insanity Defense
(2007)In the last 15 years a flurry of legislative activity has taken place as states have attempted to redefine the insanity defense. This article focuses on those states who chose not just to refine the definition of insanity, ... -
Nepa and Environmental Justice: Integration, Implementation, and Judicial Review
(Boston College Law School, 2006)The purpose of the National Environmental Policy Act (NEPA) is to assure "for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings," a goal that is essential to environmental ... -
Environmental Injustice and the Problem of the Law
(University of Maine School of Law, 2005)This Comment explores the state of the law of environmental justice and offers an analysis of why the courts have proven inhospitable to environmental justice claimants. It first offers a brief introduction to the problem ... -
Local Promise for Climate Mitigation: An Empirical Assessment
(William & Mary School of Law, 2012)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 ... -
Symposium Essay: The Energy-Land Use Nexus
(Florida State University College of Law, 2012)This Symposium Essay explores the contours of the 'energy-land use nexus' – the rich set of interrelationships between land use and energy production and consumption. This underexplored nexus encapsulates barriers and ... -
Environmental Justice in the Renewable Energy Transition
(University of Missouri School of Law, 2013)This article considers environmental justice in the specific context of renewable energy goals. As a key component of sustainable development and a central concern for green economy advocates, renewable energy is uniquely ... -
Environmental Law and Fossil Fuels: Barriers to Renewable Energy
(Vanderbilt University Law School, 2012)This article is concerned with renewable energy’s too-slow transition and with how existing legal regimes work to preserve fossil energy dominance. It develops from two related claims: that an implicit support structure ... -
Siting Renewable Energy: Land Use and Regulatory Context
(UC Berkeley School of Law, 2010)This article takes up the increasingly important land use question of siting for renewable energy. As concern over climate change grows, new policies are being crafted at all levels of government to support renewable energy ... -
The Renewable Energy Footprint
(Stanford Law School, 2011)With the shift toward renewable energy comes the potential for staggering land impacts – many millions of acres may be consumed to meet demand for electricity and fuel over the next 20 years. To conservationists’ dismay, ... -
Asking the First Question: Reframing Bivens after Minneci
(Washington University in St. Louis School of Law, 2013)In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Federal Narcotics Agents suit against employees of a privately run federal prison because state tort law provided ... -
Unauthorized Practice of Law vs. Legal Reference Service
(The Kentucy Library Association, 1994)A reference librarian in a law library is often faced with questions from members of the public inquiring about basic legal issues, from how to obtain a protection order to what the statute of limitations is for a personal ... -
Bringing Up New Information Technology Systems the Old-Fashioned Way
(William S. Hein & Co., Inc., 2001)This article analyzes the means why which law libraries can assure their position as a center of knowledge during harsh economic times, including when budgets are restricted, and how to think proactively by evaluating ... -
More than Mickey Mouse: Do Court Clerks Run the Show? No, But a 'Deny' Can Easily Derail a Case
(American Lawyer Media (ALM), 2006-05-29)This short book review examines Sorcerers’ Apprentices: 100 Years of Law Clerks at the United States Supreme Court. The review questions the authors’ reliance on some provocative internal documents of the Court in extremely ... -
2001 Kansas Bar Association Annual Survey - Chapter 26: Torts
(Kansas Bar Association, 2001)Torts chapter of the 2001 Kansas Bar Association Annual Survey. -
1998 Kansas Bar Association Annual Survey - Chapter 27: Torts
(Kansas Bar Association, 1998)Torts chapter of the Kansas Bar Association Annual Survey. -
2000 Kansas Bar Association Annual Survey - Chapter 25: Torts
(Kansas Bar Association, 2000)Torts Chapter of the 2000 Kansas Bar Association Annual Survey. -
'Insider' Deaning
(The University of Toledo College of Law, 2002)This essay discusses the positives and the negatives of being an “insider” law school dean, one who arrives as dean with considerable knowledge of and history with the law school, either as an alumnus/a, a faculty member, ...
