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Royal C. Gardner, International Environmental Law, 43 American Bar Association Section of International Law Year in Review 837 (2009)Clicking on the button will copy the full recommended citation.
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Jason Bent, What the Lilly Ledbetter Fair Pay Act Doesn’t Do: “Discrete Acts” and the Future of Pattern or Practice Litigation, 33 Rutgers Law Record 31 (2009)Clicking on the button will copy the full recommended citation.
The Lilly Ledbetter Fair Pay Act clarified the application of the EEOC charge filing period for purposes of determining whether a claim of compensation discrimination is timely. But a number of timeliness questions remain unanswered for claimants alleging discrimination on grounds other than compensation discrimination. This Essay examines one question left open after the enactment of the Ledbetter Act, specifically: When, if ever, does the EEOC charge filing period begin to run in cases where the plaintiff alleges that defendant engaged in a "pattern or practice" of unlawful "discrete acts" of discrimination? In this Essay, I consider the difficulties that arise when attempting to apply the seemingly straightforward timely-filed charge requirement to pattern or practice cases. I evaluate the policy arguments supporting the competing interpretations of the timely-filed charge requirement as applied to pattern or practice cases, and I suggest a number of possible legislative solutions that could provide certainty to employers and potential claimants.
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Kristen David Adams, Do We Need a Right to Housing?, 9 Nev. L.J. 275 (2009)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Homes, Rights and Communities, 20 U. Fla. J.L. & Pub. Pol'y 479 (2009)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., African Wetlands of International Importance: Assessment of Benefits Associated with Designations Under the Ramsar Convention, 21 Georgetown International Envtl. L. Review 257 (2009)Clicking on the button will copy the full recommended citation.
A party to the Ramsar Convention on Wetlands must designate at least one site within its territory as a Wetland of International Importance. To assess the benefits associated with these international designations, the authors conducted a survey of 26 Ramsar sites in 18 countries in Africa. After a brief introduction to the Ramsar Convention, the article describes the sites that were surveyed, focusing on the ecosystem services they provide and the challenges they face. The article then examines how the sites are identified with the Ramsar Convention and found that designation provided benefits such as: increased support for protection and management of the sites; increased scientific studies; increased funding opportunities; increased ecotourism; and poverty alleviation. The article concludes with recommendations on how to strengthen the Ramsar Convention in Africa.
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Ellen S. Podgor and Jerold H. Israel, White Collar Crime in a Nutshell (4th ed., West Academic Publishing, 2009)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Promise Enforcement in Mortgage Lending: How U.S. Borrowers and Lenders Can See Themselves as Part of a Shared Goal, 28 Rev. Banking & Fin. L. 507–52 (2009)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Property Law, in Overview of U.S. Law (Ellen S. Podgor and John F. Cooper eds., 1st ed., LexisNexis, 2009)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., Compensating for Wetland Losses under the Clean Water Act (Redux): Evaluating the Federal Compensatory Mitigation Regulation, 38 Stetson L. Rev. 213 (2009)Clicking on the button will copy the full recommended citation.
In April 2008, the U.S. Army Corps of Engineers and the Environmental Protection Agency published a new rule on compensatory mitigation for aquatic resource losses. The preamble noted that an important resource in the development of the new rule was the 2001 National Research Council (NRC) report that comprehensively evaluated the effectiveness of compensatory mitigation efforts and whether they were contributing to the “no net loss” of wetlands. This article, written by nine former members of the NRC Committee on Mitigating Wetland Losses, examines how the new regulation incorporates the primary recommendations set forth in the NRC report. We consider how well the new rule addresses recommendations concerning: the watershed approach; operational guidelines and performance standards; and the treatment of mitigation banks, in-lieu fee programs, and permittee-mitigation. The article concludes with several recommendations to help with achieving the goal of no net loss.
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Ellen S. Podgor, Cybercrime: Discretionary Jurisdiction, 47 U. Louisville L. Rev. 727 (2009)Clicking on the button will copy the full recommended citation.