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Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney 2021 University of Pittsburgh School of Law 81818app手机版下载

Political Justice And Tax Policy: The Social Welfare Organization Case, Philip Hackney

Articles

81818app手机版下载In addition to valuing whether a tax policy is equitable, efficient, and administrable, I argue we should ask if a tax policy is politically just. Others have made a similar case for valuing political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena – tax exemption. I argue that politically just tax policy does the least harm to the democratic functioning of our government and may ideally enhance it. I argue that our right to an equal voice in collective decision making is the most fundamental value of political justice ...


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba 81818app手机版下载

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

81818app手机版下载First, this paper seeks to discuss the doctrine of standing ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel 2020 University of Idaho

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel

Journal of Law and Mobility

81818app手机版下载The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many ...


Covid-19 And Domestic Travel Restrictions, Katherine Florey 2020 Martin Luther King, Jr. Professor of Law, University of California, Davis, School of Law

Covid-19 And Domestic Travel Restrictions, Katherine Florey

Notre Dame Law Review Reflection

81818app手机版下载The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create ...


Recent Developments, Peyton Hildebrand 2020 University of Arkansas, Fayetteville

Recent Developments, Peyton Hildebrand

Arkansas Law Review

81818app手机版下载The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.


State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London 2020 Coltura 81818app手机版下载

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.

81818app手机版下载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 ...


California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu 2020 Pepperdine University 81818app手机版下载

California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu

Pepperdine Dispute Resolution Law Journal

This article will explore 2018 SB 766’s impact on International Commercial Arbitration (ICA) within California and will propose initiatives to help California ascend in the list as a preferred seat of ICA. Part II provides the background context of ICA and its use in California. Part III explores the benefits of increasing the use of ICAs seated in California. Part IV suggests ways lawyers and the legal arbitration community can assist in making California a more attractive seat of ICA among international and domestic jurisdictions. Finally, Part V concludes by describing the effect that SB 766 and proposed initiatives ...


Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch 2020 William & Mary Law School

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

81818app手机版下载Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major ...


Environmental Federalism As Forum Shopping, Cale Jaffe 2020 William & Mary Law School

Environmental Federalism As Forum Shopping, Cale Jaffe

William & Mary Environmental Law and Policy Review

81818app手机版下载Public policy advocates of all stripes—litigators, politicians, or newspaper columnists—invoke principles of federalism when they are imploring Congress to respect limits imposed by Article I, and when they are insisting that a state legislature accede to the supremacy of a duly enacted national law, invoking Article VI. Yet historically, application of the term, “federalism,” at least in the context of environmental law, has been driven far more by pragmatic considerations than constitutional ones.

81818app手机版下载This pragmatic approach should not be surprising because, at its core, federalism simply asks what is the right level of government to solve a given ...


In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms. 2020 University of Miami School of Law 81818app手机版下载

In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.


Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns 2020 Seattle University School of Law

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review SUpra

No abstract provided.


Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines 2020 Seattle University 81818app手机版下载

Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines

Seattle University Law Review SUpra

No abstract provided.


Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz 2020 Boston College Law School 81818app手机版下载

Repaving Route 128: How New Legislation In Massachusetts Impacts The Noncompete Debate, Michael G. Feblowitz

Boston College Law Review

On October 1, 2018, new law governing the use of employee noncompetition agreements went into effect in the Commonwealth of Massachusetts. The updated rules, a compromise between those seeking to increase worker mobility and those intent on preserving certain intellectual property protections, were the culmination of many years of legislative debate. Before the passage of the new measures, Massachusetts exemplified the type of state that tended to honor employee covenants not to compete. One scholar famously identified Massachusetts’s high enforcement of noncompetes as the primary cause of the Route 128 business district’s relative downfall compared to Silicon Valley ...


Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk 2020 Brooklyn Law School

Limited Scope Lottery: Playing The Odds On Your Ability To Withdraw, Lianne S. Pinchuk

Brooklyn Law Review

Limited scope representation, also called unbundled representation, has become widespread and widely used over the past three decades. While the American Bar Association has amended its model rules to expressly permit such representation, it failed to amend its model rules governing withdrawal. Some states have been more proactive than others in confronting potential withdrawal issues in limited scope representation. Those states that have attempted to remedy the withdrawal/termination issues have created specific rules governing limited scope engagements allowing for easier withdrawal by attorneys in such matters. Neither New York nor the American Bar Association have promulgated rules (or model ...


The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton 2020 Brooklyn Law School 81818app手机版下载

The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton

Brooklyn Law Review

For more than forty years, New York Civil Rights Law section 50-a has harmed New Yorkers by shielding the release of police officers’ “personnel records,” including in the aftermath of substantiated complaints of misconduct. With the aid of numerous New York Court Appeals decisions, this statute progressively transformed from a relatively nuanced protection for testifying officers during trial, to its ultimate status as an outright bar to virtually all public disclosures. In fact, the New York Court Appeals has even held that section 50-a supersedes New York’s Freedom of Information Law (FOIL), thereby prohibiting even redacted FOIL disclosures. By ...


Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson 2020 Brooklyn Law School 81818app手机版下载

Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson

Brooklyn Law Review

Prosecutors play an integral role in America’s inherently adversarial criminal justice system and thus have a significant impact on the individual liberties of accused citizens. Therefore, they have long since been subject to continuous scrutiny by the public, which in turn leads to criticism of state legislatures for not addressing the issue. The state of New York attempted to meet this challenge of prosecutorial misconduct head-on as part of a multi-pronged criminal justice reform agenda with the creation of a first-in-the-nation commission on prosecutorial conduct (CPC). At this point in time, the CPC has been held unconstitutional. This note ...


Federal Ignorance And The Battle For Supervised Injection Sites, Ben Longnecker 2020 University of Miami Law School 81818app手机版下载

Federal Ignorance And The Battle For Supervised Injection Sites, Ben Longnecker

University of Miami Law Review

From 1999 to 2017, over 400,000 people have died from opioid overdoses. The federal government recognizes the opioid epidemic as a crisis, yet it has failed to slow the surge of overdose deaths. Some states are, therefore, looking at the implementation of supervised injection sites. There are over 100 supervised injection sites around the world in twelve different countries, and these sites have produced hopeful data on counteracting the opioid crisis’s negative societal effects. However, the federal government has seemingly ignored any empirical evidence and continues to threaten state-sponsored supervised injection sites with criminal prosecution. This Note argues ...


Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas 2020 University of Miami Law School 81818app手机版下载

Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas

University of Miami Law Review

81818app手机版下载The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made ...