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Theresa J. Pulley Radwan, The Jury is Still Out: Waiver or Conversion of the Seventh Amendment Right to Jury Trial in Bankruptcy Cases, 45 Am. J. Trial Advoc. 81 (2021)Clicking on the button will copy the full recommended citation.
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Rebecca Kihslinger et al., Improving In-Lieu Fee Program Implementation: Full Cost Accounting (Environmental Law Institute, 2021)Clicking on the button will copy the full recommended citation.
The following is part of a series of comprehensive guides on some of the most challenging components of ILF program implementation identified through extensive research and interviews with operating ILF programs and other mitigation stakeholders. These guides help address perennial problems for ILF programs by identifying specific challenges, providing detailed recommendations on ways to meet these challenges, and including examples or case studies of programs to illustrate effective approaches to implementation.
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Rebecca Kihslinger et al., Improving In-Lieu Fee Program Implementation: Programmatic Audits (Environmental Law Institute, 2021)Clicking on the button will copy the full recommended citation.
The following is part of a series of comprehensive guides on some of the most challenging components of ILF program implementation identified through extensive research and interviews with operating ILF programs and other mitigation stakeholders. These guides help address perennial problems for ILF programs by identifying specific challenges, providing detailed recommendations on ways to meet these challenges, and including examples or case studies of programs to illustrate effective approaches.
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Royal C. Gardner, Opportunities and Challenges for Synergies Across Biodiversity-Related Conventions in the Context of Human Health and Zoonotic Diseases: The Role of Scientific Advisory Bodies, in Biological Diversity and International Law: Challenges for the Post 2020 Scenario (Mar Campins and Teresa Fajardo eds., Spring Nature, 2021)Clicking on the button will copy the full recommended citation.
This chapter examines the work of the scientific advisory bodies of five biodiversity-related conventions: the Ramsar Convention, Convention on International Trade in Endangered Species, Convention on Migratory Species, Agreement on the Conservation of African-Eurasian Migratory Waterbirds, and Convention on Biological Diversity. It will discuss how the scientific advisory bodies have collaborated in the past, through ad hoc or more formalized approaches, and how they may work more closely together in the future through the emergence of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), especially in the context of human health and infectious diseases. In doing so, this chapter considers how the scientific advisory bodies have responded to outbreaks of highly pathogenic avian influenza, Ebola virus disease, and COVID-19. While institutional constraints exist, IPBES provides an opportunity for the scientific advisory bodies—and thus the biodiversity-related conventions themselves—to more effectively emphasize the need for biodiversity conservation as preventive measures for human health and well-being.
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Louis J. Virelli and Richard W. Murphy, Supreme Court News, 46 Administrative & Regulatory Law News 18 (2021)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros and Cameron M. Morrissey, A Survey of Law School Deans on the Impact of the COVID-19 Pandemic, 52 U. Tol. L. Rev. 241 (2021)Clicking on the button will copy the full recommended citation.
We conducted an anonymous survey of deans at ABA-accredited law schools asking questions about the impact of the COVID-19 pandemic on legal education and on law school students, faculty, and staff. Invitations to participate in the survey were distributed through a listserv maintained by the ABA. The first invitation was sent out on November 20, 2020 and the last response was received on December 18, 2020. The survey was comprised of 56 questions, including six optional, extended response prompts. We received 51 total responses, representing a bit more than 25% of the 199 deans of ABA-accredited law schools.1 Not all respondents completed all of the questions, but we received responses for all of the questions on the survey from at least 20% of the 199 deans of ABA-Accredited law schools.
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Kristen David Adams and Candace Zierdt, The ABCs of the UCC: Related and Supplementary Consumer Law (3rd ed., ABA Publishing, 2021)Clicking on the button will copy the full recommended citation.
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James W. Fox, Fellow Citizens (2021)Clicking on the button will copy the full recommended citation.
This article explores the idea of equal citizenship central to the reconstructed Constitution that originated in the crucible of African American experience and framed by the Black abolitionist movement of the antebellum North. It identifies some of the key concepts of this mid-nineteenth-century African American Constitutionalism embodied in the phrase used at the time of “Emancipate, Enfranchise, Educate.” These became the core principles of Black Reconstruction as Black leaders and their white allies sought to secure civil freedom, free labor, equal suffrage and political power, and access to education and economic and social advancement. The essay addresses primary source materials that exemplify a dynamic and vibrant public discourse by African Americans on the nature and meaning of equal citizenship before ratification of the Reconstruction amendments, and then briefly consider congressional speeches on what would become the Civil Rights Act of 1875. It shows that the rights embodied in the three Reconstruction amendments were seen not as discrete texts for judicial parsing and doctrinal boundary-drawing, but as an interrelated set of core principles essential to the very ideas of freedom and equal citizenship, ideals that were meant to motivate and guide political and economic action
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Angela Drake et al., Review of Recent Veterans Law Decisions of the Federal Circuit 2020 edition, 70 Am. U. L. Rev. 1381 (2021)Clicking on the button will copy the full recommended citation.
This Article continues last year’s in-depth review of veterans law cases decided by the Federal Circuit, published by the American University Law Review. In the year 2020, the Federal Circuit further clarified the law applicable to veterans cases, including the parameters of the class action device and the need for robust analysis in cases challenging agency delay and inaction. The court significantly expanded veterans’ ability to challenge regulations and manual provisions directly in the Federal Circuit. It created new law with regard to the presumption of competency applicable to Department of Veterans Affairs (VA) examiners and explored the parameters of VA’s duty to sympathetically read claims. The Federal Circuit also issued important decisions regarding “effective dates” impacting the amount of money veterans can receive where claims linger for years in the adjudicative process. Finally, the court confirmed the validity of VA’s definition of willful and persistent misconduct.
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Sebastian Braun et al., Introduction to American Indian Studies: Policies, Histories, and Contemporary Perspectives (Kendall/Hunt Publishing Company, 2021)Clicking on the button will copy the full recommended citation.