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LAW (703 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 39)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 55)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 16)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 5)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 9)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 142)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 15)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 22)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 2)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 135)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 3)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Akron Law Review
  [4 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0002-371X
   Published by U of Akron Homepage  [1 journal]
  • The Next Best Defendant: Examining a Remote Text Sender's Liability
           Under Kubert v. Best

    • Authors: Christopher P. Edwards
      Abstract: Texting and driving is a dangerous activity that is responsible for many of the avoidable accidents that occur due to distracted driving. While many state legislatures have responded by enacting formal prohibitions on texting and driving, the penalties are far less severe than other forms of distracted driving, namely driving while intoxicated. While a texting driver is exposed to some liability for their conduct, the text sender generally bears no responsibility. While prohibiting texting and driving on the part of the recipient-driver is the more obvious approach to addressing the issue, the very nature of texting requires the participation of two individuals, which suggests that the text sender’s conduct should also be addressed.In Kubert v. Best, the Superior Court of New Jersey properly extended potential liability not merely to the driver who causes an accident due to texting and driving, but also to the sender of the text. Kubert’s holding represents a departure from traditional notions of third-party tort liability and imposes a new duty on remote senders of text messages. While the Superior Court concluded that the evidence presented by the Kuberts was insufficient to hold the remote text sender liable, it held that “the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus become distracted.” Because the threshold of proving that a remote text sender has breached his duty is higher than ordinary standards of conduct, Kubert’s holding offers a realistic approach to reducing incidences of texting while driving. It also forces society to re-examine how drivers should use electronic devices when operating an automobile.
      PubDate: Fri, 28 Jul 2017 13:06:08 PDT
       
  • Sound Principles, Undesirable Outcomes: Justice Scalia's Paradoxical
           Eighth Amendment Jurisprudence

    • Authors: Mirko Bagaric et al.
      Abstract: Justice Scalia is renowned for his conservative stance on the Eighth Amendment and prisoners’ rights. Justice Scalia held that the Eighth Amendment incorporates no proportionality requirement of any nature regarding the type and duration of punishment which the state can inflict on criminal offenders. Justice Scalia has also been labelled as “one of the Justices least likely to support a prisoner’s legal claim” and as adopting, because of his originalist orientation, “a restrictive view of the existence of prisoners’ rights.” A closer examination of the seminal judgments in these areas and the jurisprudential nature of the principle of proportionality and rights (including prisoners’ rights) arguably put this characterization in a different light. While Justice Scalia may have been a foe of a move to less harsh sentencing and expansive rights to prisoners, there is an underlying coherence to some of his key decisions that is underpinned by the provisions he was applying and, even more so, the logical and normative contents or vagueness of the concepts under consideration.In relation to the proportionality principle, both philosophy and an underlying coherency in the approach to statutory and constitutional interpretation support the position adopted by Justice Scalia. The contrary is the situation in relation to Justice Scalia’s position on prisoners’ rights. However, the criticism of Justice Scalia regarding his approach to Eighth Amendment issues in the context of prisoners’ rights has been overstated. The views he espoused in this context are shared by the majority of the Supreme Court. From the perspective of interpreting the Eighth Amendment in a manner which would result in a moderate or lenient approach to the punishment of offenders, Justice Scalia was a foe of criminal law and procedure. However, his judgments in this context reveal he was a friend to adopting a rigorously consistent conservative approach (non-outcome driven) to statutory and constitutional interpretation.
      PubDate: Fri, 28 Jul 2017 13:06:05 PDT
       
  • Justice Scalia as Neither Friend nor Foe to Criminal Defendants

    • Authors: Tung Yin
      Abstract: At first glance, Justice Scalia may appear to have been something of a “friend” to criminal defendants, as he authored a number of opinions ruling against law enforcement. However, his opinions reflect his fidelity to his constitutional vision of originalism rather than an intent to favor criminal defendants. Nevertheless, these cases are often offered as legitimate examples of how he did not have a purely results-oriented approach to deciding criminal procedure issues. Yet, a closer examination of Justice Scalia’s “defendant-favorable” opinions suggests that the results often have an air of unreality to them. In practice, there is no way for the police to change their behavior to address the identified unconstitutional action, or if there is a way for the police to respond, it would be expanding the scope of criminal liability in ways that worsen the predicament for future criminal defendants.In Hamdi v. Rumsfeld, the Court held that an American citizen captured on the battlefield in Afghanistan could be detained as an enemy combatant pursuant to the congressional Authorization for Use of Military Force (AUMF), but was entitled to legal representation and some kind of hearing to contest his combatant status. Justice Scalia, in his dissent, argued that an American citizen should either face trial on criminal charges, with all of the due process that criminal defendants receive, or that the President should persuade Congress to suspend the writ of habeas corpus to allow military detention. But in practice, these are staggeringly bad options, even from a civil libertarian standpoint, at least given the actual facts of Hamdi’s capture and detention. Though Justice Scalia’s fidelity to his constitutional vision was admirable in its consistency, it sometimes led to, or would have led to, results that simply could not be squared with the real world.
      PubDate: Fri, 28 Jul 2017 13:06:02 PDT
       
  • Originalism and the Criminal Law: Vindicating Justice Scalia's
           Jurisprudence - and the Constitution

    • Authors: Adam Lamparello et al.
      Abstract: Justice Scalia was not perfect—no one is—but he was not a dishonest jurist. As one commentator explains, “[i]f Scalia was a champion of those rights [for criminal defendants, arrestees], he was an accidental champion, a jurist with a deeper objective—namely, fidelity to what he dubbed the ‘original meaning’ reflected in the text of the Constitution—that happened to intersect with the interests of the accused at some points in the constellation of criminal law and procedure.” Indeed, Justice Scalia is more easily remembered not as a champion of the little guy, the voiceless, and the downtrodden, but rather, as Texas Gov. Greg Abbott said, an ‘unwavering defender of the written Constitution.’”Justice Scalia’s frustration with the Court was certainly evident at times during his tenure, and understandably so. In United States v. Windsor, Scalia lamented as follows:We might have covered ourselves with honor today, by promising all sides of this debate that it was theirs to settle and that we would respect their resolution. We might have let the People decide. But that the majority will not do. Some will rejoice in today's decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better.The above passage captures the essence of Justice Scalia’s philosophy, and the enduring legacy that will carry forward for many years after his death. At the end of the day, Justice Scalia, whether through well-reasoned decisions, blistering dissents, or witty comments at oral argument, spoke a truth that transcends time: “[m]ore important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly.” And “[h]ave the courage to have your wisdom regarded as stupidity… and have the courage to suffer the contempt of the sophisticated world.” You will be missed, Justice Scalia. You left the Court—and the law—better than it was before you arrived.
      PubDate: Fri, 28 Jul 2017 13:05:59 PDT
       
  • The Death Penalty and Justice Scalia's Lines

    • Authors: J. Richard Broughton
      Abstract: In Justice Scalia’s lone dissenting opinion in Morrison v. Olson, he lamented that, after the Court had upheld a law that he believed violated the separation of powers, “there are now no lines.” Lines were of critical importance to Justice Scalia – in law and in life – and informed much of his work on criminal law issues (Morrison, after all, was a case about the nature of federal prosecutorial authority). In the area of capital punishment, in particular, Justice Scalia saw clear lines that the Court should not cross. He believed that the Constitution contemplates the existence of a death penalty, and in the absence of a national consensus against a particular practice or a violation of some specific provision of the Constitution, the Court should avoid judicial abolition to serve some desirable political end. Yet today, there is a serious, renewed effort to employ the judicial branch to abolish the death penalty in America through constitutional adjudication.This article explores Justice Scalia’s work in capital cases, as well as his extrajudicial writing on the death penalty, and examines the state of the current movement to place the death penalty’s constitutionality before the Supreme Court. In particular, the article considers the effect of Justice Scalia’s death upon the judicial abolition of capital punishment. Ultimately, this article explains why the constitutional abolition of the death penalty by the Supreme Court would cross – indeed dismantle – those lines that Justice Scalia believed to be so important to the preservation of American constitutionalism, federalism, and institutional legitimacy.
      PubDate: Fri, 28 Jul 2017 13:05:56 PDT
       
  • Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe of
           Criminal Defendants

    • Authors: Michael Vitiello
      Abstract: Justice Scalia’s death has already produced a host of commentary on his career. Depending on the issue, Justice Scalia’s legacy is quite complicated. Justice Scalia’s commitment to originalism explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy. However, in one area, Justice Scalia was an unabashed foe of criminal defendants: his Eighth Amendment jurisprudential dealing with terms of imprisonment. There, based on his reading of the historical record, he argued that the Eighth Amendment’s prohibition against cruel and unusual punishment does not include a proportionality principle and concluded that a term of imprisonment need not be proportional to the underlying crime. Many historians disagree with his originalist analysis. In effect, Justice Scalia got it wrong in his proportionality case law because he engaged in “law office history,” the selective reading of a few passages taken out of context.Justice Scalia adhered to his originalist methodology, though, over time, he vacillated on the degree of his commitment to originalism. However, in the area of proportionality and the Eighth Amendment, he should have abandoned his methodology. Justice Scalia’s professed deference to the legislative branch is inappropriate in the criminal sentencing arena, as the legislative process is not well suited to criminal sentencing. Criminal sentencing calls for judicial intervention because it is likely to be an area where the political process will result in excessive sentences and will leave prisoners with no meaningful political power to reform the laws’ excesses.
      PubDate: Fri, 28 Jul 2017 13:05:53 PDT
       
  • Running the Race: An Evaluation of Post-Race-to-the-Top Modifications to
           Teacher Tenure Laws and a Recommendation for Future Legislative Changes

    • Authors: Kimberly M. Rippeth
      Abstract: Teacher tenure laws have been in existence for almost a century. However, in that time, teacher tenure has been under fire by individuals who consider it outdated and irrelevant. Additionally, teacher tenure laws have come under fire in recent decades due to a shift in education policy as a result of initiatives such as No Child Left Behind and Race to the Top. This article offers a closer look at the evolution of teacher tenure laws over the past century in order to understand and evaluate the wave of recent state legislation changes regarding teacher tenure laws. These changes, largely shaped by federal education policies, attempt to accomplish one of several goals: 1) allow districts to terminate a teacher’s employment based on the evaluations, 2) make it more difficult for teachers to attain tenure, and 3) eliminate seniority as a factor in determining which teachers should be terminated during times when the district must downsize its staff. This article evaluates how well current legislation addresses these concerns. This discussion culminates in a proposal to implement new legislation focused on extending teachers’ probationary periods before providing the benefits of tenure, incorporating more peer evaluations into measures of efficiency and effectiveness, and eliminating seniority as a consideration in reduction-in-force statutes.
      PubDate: Thu, 15 Jun 2017 10:56:20 PDT
       
  • Conserving Parks, Transforming Lives: How the Student Conservation
           Association is Shaping the Next 100 Years of National Parks and the Next
           Generation of American Youth

    • Authors: Liz Putnam
      Abstract: The National Park Service greeted a record-shattering 307.2 million visitors in 2015. Ironically, however, national parks are becoming irrelevant to large segments of our society. The typical national park visitor is approaching retirement age. Nearly four in five visitors are White, despite the fact that Whites currently make up less than 63% of the US population and are on pace to be in the minority by 2044. Throw in the nature-deficit disorder epidemic among today’s youth and the ongoing shift in our population to urban areas, and the trends do not bode well for the future of our parks.The National Park Service recognizes this dilemma as it charts a direction for its second century, and it has prioritized increasing youth engagement and cultivating a more diverse and inclusive following. The Student Conservation Association (SCA) has been making substantial contributions in these areas for the past six decades, but the transformative impact of SCA experiences in national parks and other wilderness areas been fully measured and analyzed only in the past year or so. The findings provide a formula for significantly advancing youth development as well as preserving our parks, and the evidence has been there from the very start.
      PubDate: Thu, 15 Jun 2017 10:56:16 PDT
       
  • Alaska: Extraordinary Parks, Extraordinarily Complicated

    • Authors: Julie Lurman Joly
      Abstract: In many ways, national parks in Alaska face the same difficulties as other parks nationwide: pockets of strong anti-federal sentiment, increasingly high usage rates (at least in a couple of Alaska parks) leading to resource degradation, decreasing funding, and increasing maintenance costs. On the other hand, Alaska parks are completely unique in their circumstances. Many parks in Alaska receive few to no visitors each year, and Alaska parks contain vast tracts of land and resources but are managed by the barest minimum number of employees. Furthermore, Alaska’s national parks operate in a more complex legal environment than most other national parks. While the National Park Service Organic Act (Organic Act) directs all parks, parks in Alaska must also contend with the additional legislative responsibility of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.Alaska parks need stronger support in order to fully flex the authority given them by Congress and to meet all of their obligations and mandates. More robust support should take the form of greater access to increased human resources so that the vast natural resources under the NPS’s protection in Alaska can be better understood and managed and enhanced political capital so that the NPS in Alaska is encouraged to defend the natural resources and enforce the legal responsibilities entrusted to them by Congress. National parks often occupy the uncomfortable position of being in the vanguard of resource preservation. They must often implement and enforce laws that are politically unpopular in Alaska. Yet, the lack of popular appeal for these laws among some local populations does not free the NPS from its obligation to execute them fully. These are national lands, the goals assigned to them have been derived from the national population, and the additional assistance and motivation needed to meet those goals may need to come from outside of the state as well.
      PubDate: Thu, 15 Jun 2017 10:56:10 PDT
       
  • The National Park System and NEPA: Non-Impairment in an Age of Disruption

    • Authors: Jamison E. Colburn
      Abstract: We live in an age of disruption. “Disruptive innovations,” typically digital in nature, create new markets and value chains that grow and overthrow market leaders and other incumbents. The founders of our National Park System and National Park Service (NPS) had little sense of such disruption and, judging by how our park ideals have fared in recent decades, too little sense of how disruption works in nature, either. The parks embody a set of ideals and, as one of the most noted inventions of America’s democracy, sit in uneasy tension with the constant disruption of nature’s composition and function. The Organic Act of 1916 mandates that the parks be maintained unimpaired for future generations, but we have long suspected that climate disruption will mean even more risk to the park system’s “crown jewels.”Maintaining fragments of our natural world and national heritage undiminished for future generations is becoming a devilishly complex task. The National Environmental Policy Act (NEPA) could play a vital role in steering the cultural and institutional inertia of NPS while at the same time addressing two challenging statutory mandates. Given their natures, these two mandates promise to continue intertwining with each other and producing yet unknown legal duties for NPS. Fulfilling them will require NPS to get ahead of the informational and organizational challenges they bring, which may mean thinking like the disruptive innovator. NPS management must take the lead in spurring and supporting more experiments. If they do not, the informational and organizational burdens swelling behind the non-impairment/NEPA trends promise to fill its second century with distress.
      PubDate: Thu, 15 Jun 2017 10:56:04 PDT
       
  • An Introduction to the National Park Service Symposium

    • Authors: Sarah J. Morath
      PubDate: Thu, 15 Jun 2017 10:56:00 PDT
       
  • The National Park Service at 100

    • Authors: Donald J. Hellmann
      Abstract: In its first century, the National Park Service was transformed from an agency that managed a small number of western parks to one responsible for over 400 sites across the country. The management of these park sites has changed as well, with many new parks structured as a partnership effort between the National Park Service and surrounding cities and towns, as well as non-profit organizations and friends groups. The Park Service has had its work extended by Congress to reach beyond park boundaries in order to help states and local governments with resource preservation and the development of recreational opportunities in neighborhoods where people live and work. The Park Service has also been given a leadership role in providing technical assistance to other countries in creating national parks and preserving their natural and cultural resources.As the National Park Service enters its second century, it faces many of the same challenges as other federal agencies. The two primary challenges facing the National Park Service as it moves forward are ensuring sufficient funding for the national park system from Congress and other revenue sources and keeping the national parks relevant to succeeding generations of Americans.National parks remain popular with the American public for the way they connect us to the land and the story of our country. Perhaps former National Park Service Director George Hartzog stated it best when he said:“The national park idea has been nurtured by each succeeding generation of Americans. Today, across our land, the National Park System represents America at its best. Each park contributes to a deeper understanding of the history of the United States and our way of life; of the natural processes which have given form to our land, and to the enrichment of the environment in which we live.”
      PubDate: Thu, 15 Jun 2017 10:55:58 PDT
       
  • All is Whale That Ends Whale? The Deficiencies in National Protection for
           Orca Whales in Captivity

    • Authors: Hillary T. Wise
      Abstract: With the severity of our Earth’s climate change crisis, this article endeavors to underline the critical need for environmental reformation. It is no secret that orca whales epitomize miraculous intelligence, gentility, and strength. As overwhelming as this crisis might be, there are very concrete steps that our legal system can take to begin protecting and making a difference for our whales and our Earth. It is my hope that this article can shed some light on what is at stake for these animals, and how we might move forward toward a sustainable, safe future for them.
      PubDate: Mon, 15 Aug 2016 07:25:06 PDT
       
  • Getting Back to the "Grassroots" of Tax Administration: Because "We the
           People" Long For a Gathering of American Eagles to Restore Trust in the
           Internal Revenue Service with A Rebuild IRS Initiative

    • Authors: Frank Wolpe
      Abstract: Like America, our Internal Revenue Service is a work in progress. Yet, for best results, it’s better to avoid thinking too much about what it is or is not! Instead, let’s think more about what the IRS ought to be! This Article thusly offers a realistic path forward with new choices for a local presence, which once again makes it taxpayer/customer-centric. For more effective tax administration, it also offers a return to something that inexcusably went missing in 1998: senior-executive “on-site oversight” of field operations.If today’s Internal Revenue Service can be fairly described as an exploding volcano of public mistrust and suspicion, which it undoubtedly is, how can we cap and fix it? That may not be an easy question; but there are reasonable answers and options.To begin with, this Article encourages a bipartisan recognition that the local presence of grassroots IRS operations is more important to the taxpaying public than what thousands of Service bureaucrats do at their desks in Washington, D.C. With the harnessed vigor of our great nation, let’s therefore finally move forward to stop the continuing perception of the IRS as a not-so-helpful, dysfunctional and robotic agency. That means no longer surrendering to the tirelessly negative forces that work against good government. For too long we have settled for an IRS-bashing new normal, sadly accepted by very many good folks across our country’s multitude of cities and towns.So, let’s finally stand up straight and begin to pay attention to the goodly case against the IRS failure to bring back more taxpayer-friendly and decentralized, senior-executive local presence, once again with pre-1998 style “on-site oversight,” to better balance and manage distant field-operations.Mindful of that call, the curtain now rises on this Article’s central message, which in part tells the back story of what went so very wrong inside the IRS of 1998 and the years that followed. In that regard, the opening scene, which takes place circa 1998, is illuminated here more openly than elsewhere before.Today, a seemingly fast eighteen years later in 2016, we discover that the agency from 1998 onward has still not fittingly accepted the challenge of restoring lost trust by, among other moves, reinventing lost, bottom-up, senior-executive grassroots local presence and field-accountability. Missing also from the story-line are: (1) the IRS’s not-yet-full recognition of a public right to more accessible, face-to-face, taxpayer/customer-centric opportunities; (2) reinvented, geographically cohesive and decentralized field operations; and (3) the IRS’s need for a willingness to be more flexible with its seemingly rigid fixation upon robotically administered, all-digital and impersonal, taxpayer-service information technology (IT.) Let’s, therefore, start playing the always good game of Lost and Found! Lost—the people’s IRS: Found—We shall see!Nevertheless, none of this Rebuild IRS Initiative is intended to discount the value of numerous recent and praiseworthy IRS changes. Even so, without fresh nationally visible public outreach announcing gradual and non-disruptive structural change (as proposed herein), there are still too many uninspiring miles and years to go!No longer, generally speaking, silent, we speak out now because none of us IRS followers should have ever innocently overlooked, consciously dissed or accepted silently an IRS 1998, critically flawed, structural reorganization. In its fundamental design, with the programmed end of local IRS presence, it moved the Service further away from “We the People.” Compounding that setback, nowadays, we are also faced with the new prospect of the Service moving even further away with an overpoweringly robotic, IT-driven, all-digital IRS. Though a digital IRS, as a helpful option, may be even a great advance, all-digital is just another step backward; and we can do better! Besides, such a future state of affairs is even more worrisome since “all-digital” is apparently central to the IRS’s current, long-range planning (according to reports about what is commonly referred to as the IRS “Future State”).
      PubDate: Mon, 15 Aug 2016 07:25:01 PDT
       
  • The Quagmire of Mortgage Short Sale Transactions Under Current
           Homeownership Tax Policy in a Time of Crisis

    • Authors: Tracie R. Porter
      Abstract: The 2007 financial crisis continues to loom over homeowners who own underwater properties. What owning underwater property means for homeowners is that the home’s current market value is less than the mortgage balance, making it impossible to sell or refinance the home without the lender’s approval. The quagmire of financial indebtedness created by current tax laws and policy related to Mortgage Short Sale Transactions, or MSSTs, for homeowners creates an onerous tax liability on taxpayers selling underwater properties. The government and lenders, through various programs implemented to help distressed homeowners with underwater properties, created a belief among homeowners that MSSTs are a positive vehicle for selling their underwater properties. Prior to 2007, MSSTs were virtually non-existent. By forgiving the mortgage loan balance, however, lenders exposed homeowners to two situations. First, homeowners face exposure to possible deficiency judgments for the amounts of the forgiven loan balances, which some state laws addressed. Second, homeowners incur potential unavoidable tax liability created by federal and state tax laws for the forgiven indebtedness, which is considered taxable income. It is the latter of these two situations facing middle-class homeowners with properties underwater that this article addresses.
      PubDate: Mon, 15 Aug 2016 07:24:56 PDT
       
  • Northwestern, O'Bannon and The Future: Cultivating a New Era for
           Taxing Qualified Scholarships

    • Authors: Kathryn Kisska-Schulze et al.
      Abstract: On March 26, 2014, the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players were employees of the institution and could unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision—at that time—was that it could redefine the principle that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions, earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding was whether the Internal Revenue Service could logically continue to treat qualified scholarships received by student-athletes as excludable from gross income. To analyze the potential effects of federal income tax on qualified scholarships in the future, this Article provides a brief judicial history of the pay-for-play model, analyzes the language of the Internal Revenue Code as it applies to qualified scholarships, evaluates the potential characterization of student-athletes as employees, and concludes that defining student-athletes as employees of their institutions could cultivate a new era in taxing qualified scholarships from a federal income tax perspective.
      PubDate: Mon, 15 Aug 2016 07:24:52 PDT
       
  • "Transplanting" Organ Donors with Printers: The Legal and Ethical
           Implications of Manufacturing Organs

    • Authors: Katherine A. Smith
      Abstract: Three-dimensional (3D) printing is no longer restricted to simple inanimate objects; that conjecture is a thing of the past. With advancements in many areas of science, living tissues and organs can now be printed through a technique called 3D bioprinting. This technology could potentially save the lives of the 120,000 Americans in need of an organ transplant. However, whether or not a 3D bioprinted organ qualifies as a “human organ” under the National Organ Transplant Act (NOTA) and whether 3D bioprinted organs require federal approval could either delay or completely bar this technology’s promise. The Ninth Circuit’s Flynn v. Holder and Richards v. Holder and the federal approval requirement for lab-grown organs bolster the interpretation that a manufactured organ would be a “human organ.” The ethical ramifications of 3D bioprinting might also detract from the benefits it promises to offer. If and until the federal government approves it, private creation and selling of 3D bioprinted organs would exacerbate organ selling on the black market. With increasing progressive ventures in medicine, it may be an appropriate time for Congress to amend NOTA.
      PubDate: Fri, 22 Jul 2016 10:11:07 PDT
       
  • Curated Innovation

    • Authors: Lital Helman
      Abstract: The regulation of innovation-intensive industries is a critical issue for both innovation policy and regulation. In this Article, I propose a new framework to the way innovation-intensive industries are regulated.My proposal is a four-pronged model, which I term “Curated Innovation.” In the first stage, policymakers would set a standard that would represent the outcome the regulation seeks to achieve. Second, policymakers would launch a competition, where innovative technologies or methods would race to meet the standard that was defined. Third, policymakers would select the methods or technologies that come closest to meeting the standard and create an incentive in the marketplace to adopt them. Such incentives can come in various forms, such as prizes, expedited patent paths, or safe harbors from liability. Finally, policymakers would reconvene periodically to update the standard and examine the performance of new technologies or methods.Adoption of the Curated Innovation model would yield four key advantages. First, this model would improve the effectiveness of regulation because it would induce market-players to aim at the standard policymakers would set. Second, this model would spur innovation in the market by forming a path to the diffusion of the innovative solutions into the market. Hence, this model would ensure that innovation that has social value is not only produced but also adopted in the marketplace. Finally, this model would lead to evolvement of legal standards: it provides a dynamic process where the regulatory standard is constantly examined and updated to meet societal goals at an increasing rate of efficiency.
      PubDate: Fri, 22 Jul 2016 10:11:03 PDT
       
  • Are Universities Special?

    • Authors: Shubha Ghosh
      Abstract: Universities offer a space for development of ideas, exploration of basic research, and productive outlets for creation and invention. As such, they are key to the innovation environment within which intellectual property laws operate. Although scholarship has focused on universities as institutions counter to other institutions like markets and government, less attention has been paid to universities as organizations, a site for governance through detailed rules and commonly understood norms. When understood as an organization, universities display three overlapping, but distinct models: one of pure research, one of pure commercialization, and one of public purpose. These three models together define a multivalent view of the university. This Article examines the implications of this multivalent view of the university as organization to the issues of patent and copyright ownership, infringement, and enforcement. The multivalent model presented here provides a more robust and valuable approach to gauging the role of universities in promotion invention and innovation.
      PubDate: Fri, 22 Jul 2016 10:10:58 PDT
       
  • Intellectual Property Revenue Sharing as a Problem for University
           Technology Transfer

    • Authors: Jennifer Carter-Johnson
      Abstract: The Bayh-Dole Act, often credited with the explosion of university technology transfer, requires universities to incentivize invention disclosure by sharing the royalties generated by patent licensing with inventors. Many scholars have debated the effectiveness of university implementation of this requirement, and, indeed, the low rate of invention disclosure by academic researchers to the university is often a bottleneck in the technology-transfer process.Unfortunately, most discussions focusing on inventor compliance with Bayh-Dole Act requirements have explored faculty-inventor motivations. However, in most cases, university inventions are joint products of a group of university members including not only faculty but also post-doctoral researchers or graduate students. This collaborative nature of scientific research seems to have been lost in the design of the technology-transfer system. Some scholars have discussed inventorship determinations and the impact of incorrect inventor identification in pre-America Invents Act patent law. Generally, however, the dynamic interactions between joint inventors with different positions within the university are a little studied area of the technology-transfer process.Less well studied is the Bayh-Dole Act requirement that all inventors share in the revenue from a university licensed patent. The distribution of licensing revenue among inventors creates a question of how to divide the portion of the royalties allocated to inventors by the university. This Article explores that revenue distribution. To the extent that the university asks the input of the inventors, many of the problems in the initial recognition of students and post-doctoral fellows as joint inventors become again important in assigning a percentage of the revenue. Additionally, the negotiation power imbalance between joint inventors may indicate that the university should play a larger role in revenue allocation than it does in initial inventor determinations.
      PubDate: Fri, 22 Jul 2016 10:10:54 PDT
       
 
 
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