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Roberta Flowers, The Whole is More than the Sum of Its Parts: Holistic Elder and Special Needs Law Practice in the Real World, 14 NAELA Journal 91 (2018)Clicking on the button will copy the full recommended citation.
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Roberta Flowers et al., Aspirational Standards for the Practice of Elder and Special Needs Law with Commentaries: Second Edition, April 24, 2017, 14 NAELA Journal 1 (2018)Clicking on the button will copy the full recommended citation.
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Andrew D. Appleby, Substantive Enforcement Jurisdiction in a Post-Wayfair World, 90 Tax Analysts: State Tax Notes 4 (2018)Clicking on the button will copy the full recommended citation.
This article examines the Wayfair case through the lens of substantive and enforcement jurisdiction and focuses on the question of whether there is a constitutionally required relationship between the nexus of the person that the state seeks to enlist as the tax collector and the underlying activity that the state is taxing.
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Jennifer B. Alewine et al., Administrative Law, 70 Mercer L. Rev. 1 (2018)Clicking on the button will copy the full recommended citation.
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2017 through May 31, 2018, in which principles of administrative law were a central focus of the case. Exhaustion of administrative remedies will be the first topic discussed, followed by review of decisions by administrative agencies, then on to scope of authority, with statutory construction to follow. The Article will conclude with standard of review.
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Luz Estella Nagle, Pirates Plundering World War II Shipwrecks for High Tech Demand, 34 Int'l Enforcement L. Reporter 498 (2018)Clicking on the button will copy the full recommended citation.
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Marco Jimenez, The Value of Identity, 2018 Jotwell 1 (2018)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, Campaign Finance, Free Speech, and Boycotts, 41 Harv. J.L. & Pub. Pol'y 153 (2018)Clicking on the button will copy the full recommended citation.
I gave a speech at Columbia Law School at the request of the Federalist Society about campaign finance and boycotts. This is the transcript of that speech as annotated by Harvard Law students.
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Rebecca C. Morgan, A View from the Bridge: A Brief Look at the Progression of Cases of Elder Financial Exploitation Prosecutions, 25 Elder L.J. 271 (2018)Clicking on the button will copy the full recommended citation.
Elder financial exploitation is a continuing problem in the United States, and the prosecution of elder financial exploitation has failed to keep up with modern problems and laws. In this Article, the Authors explore nearly three decades of appellate decisions from across the United States. In these examples, the Authors show how different courts have treated both victims and defendants through their appellate decisions. The Authors examine the basic elements that make up financial exploitation throughout the country. Cases from many courts, and of differing notoriety are explored, noting the difference in law and discretion across the United States. Finally, the Authors suggest resources for prosecutors and discuss how the United States can catch up with those who are taking advantage of an elderly population.
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Frank E. Muller-Karger et al., Satellite Sensor Requirements for Monitoring Essential Biodiversity Variables of Coastal Ecosystems, 28 Ecological Applications 749 (2018)Clicking on the button will copy the full recommended citation.
The biodiversity and high productivity of coastal terrestrial and aquatic habitats are the foundation for important benefits to human societies around the world. These globally distributed habitats need frequent and broad systematic assessments, but field surveys only cover a small fraction of these areas. Satellite-based sensors can repeatedly record the visible and near-infrared reflectance spectra that contain the absorption, scattering, and fluorescence signatures of functional phytoplankton groups, colored dissolved matter, and particulate matter near the surface ocean, and of biologically structured habitats (floating and emergent vegetation, benthic habitats like coral, seagrass, and algae). These measures can be incorporated into Essential Biodiversity Variables (EBVs), including the distribution, abundance, and traits of groups of species populations, and used to evaluate habitat fragmentation. However, current and planned satellites are not designed to observe the EBVs that change rapidly with extreme tides, salinity, temperatures, storms, pollution, or physical habitat destruction over scales relevant to human activity. Making these observations requires a new generation of satellite sensors able to sample with these combined characteristics: (1) spatial resolution on the order of 30 to 100-m pixels or smaller; (2) spectral resolution on the order of 5 nm in the visible and 10 nm in the short-wave infrared spectrum (or at least two or more bands at 1,030, 1,240, 1,630, 2,125, and/or 2,260 nm) for atmospheric correction and aquatic and vegetation assessments; (3) radiometric quality with signal to noise ratios (SNR) above 800 (relative to signal levels typical of the open ocean), 14-bit digitization, absolute radiometric calibration <2%, relative calibration of 0.2%, polarization sensitivity <1%, high radiometric stability and linearity, and operations designed to minimize sunglint; and (4) temporal resolution of hours to days. We refer to these combined specifications as H4 imaging. Enabling H4 imaging is vital for the conservation and management of global biodiversity and ecosystem services, including food provisioning and water security. An agile satellite in a 3-d repeat low-Earth orbit could sample 30-km swath images of several hundred coastal habitats daily. Nine H4 satellites would provide weekly coverage of global coastal zones. Such satellite constellations are now feasible and are used in various applications.
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Lance Long and Ted Hamilton, The Climate Necessity Defense: Proof and Judicial Error in Climate Protest Cases, 38 Stanford Envtl. L. Journal 57 (2018)Clicking on the button will copy the full recommended citation.