SelectedWorks @ Widener University Commonwealth Law School
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    699 research outputs found

    Federal Energy Efficiency and Conservation Laws

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    This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using less energy. Rather than choosing between the two, U.S. law and policy splits the difference - embracing efficiency and conservation more or less halfheartedly. Energy efficiency and conservation policy thus has a Groundhog Day aspect, in which the same or similar arguments are made year after year, decade after decade, and often (it appears) to little effect. In recent years, however, the federal government has strengthened the nation’s commitment to efficiency and conservation. The paper first discusses federal laws and policies that are intended to support efficiency and conservation as well as laws that are antagonistic to those goals. It then describes energy efficiency and conservation features of proposed climate change and clean energy legislation. Finally, this paper discusses energy conservation under the Framework Convention on Climate Change and in the European Union

    Voting Rights and Election Law

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    Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections

    What Virtual Worlds Can do for Property Law

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    This is an article about how disputes over virtual world items, such as virtual money, Second Life islands, and even sex beds, can inform property law generally. Rights in these virtual world items, like rights in software and many other intangible assets, are transferred by standard-form agreements that are often designated as licenses. For many readers, virtual worlds need no definition; it has been hard to read a major newspaper in the past several years without encountering an article about virtual worlds. In the past several years, Second Life and other virtual worlds were featured in numerous articles in major American newspapers, including the New York Times, the Washington Post, and the Wall Street Journal.Virtual worlds have captured the attention of legal and other scholars. The legal literature tends to focus on the application of real world laws to the virtual environment. Some have discussed how our property laws should apply in virtual worlds; others have questioned whether virtual worlds need their own governance institutions. In this article, I will take another approach. Rather than asking whether real world laws can or should apply to virtual worlds, I will discuss the ways in which the study of virtual worlds can contribute to real world law. Specifically, I will explain what the study of virtual world assets can do for property law.In this paper, I argue that virtual world assets are significant because they graphically illustrate the different rights that persons can hold in an intangible asset. Once we see that intangible assets encompass the very same rights that are embodied in tangible assets, we can understand that the law should not permit the unfettered customization of property rights in intangible assets by standard form agreements, just as the law does not permit the unlimited customization of property rights in tangible assets and real property. My thesis is that a study of virtual world assets can help us understand why the numerus clausus principle should be more rigorously applied to rights in intangible assets and that the numerus clausus can, in turn, assist us interpreting the standard-form agreements that convey rights in these assets

    Public Confidence And Judicial Campaigns

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    My purpose in this essay is to evaluate one of the alternative grounds suggested by Professor Geyh: that the elimination of judicial elections and limits on judicial candidates’ speech can be defended as means of preserv[ing] public confidence in the courts. Such confidence is necessary, the argument goes, because the people would refuse to acquiesce[] in the orderly administration of justice if they believed that judges were deciding cases on the basis of their own preferences (or the electorate’s) rather than on the law

    Understanding Derivative Complexity and Convergence Book Review: Derivatives: Legal Practice and Strategies

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    For books written by practitioners for practitioners, reviews should focus on a few key issues: First, is the book written by experts recognized and respected by other practitioners? Next, is the material current and up-to-date on market practice? Finally, is the book accessible and easily usable by both expert and neophyte

    Climate Change, Sustainable Development, and Ecosystems: 2009 Annual Report

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    Avoiding Misuse of Donor Advised Funds

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    Becoming an Immigration Lawyer

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    This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each. The how-to essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie within the administrative law specialty. This easy to read book covers topics you need to know: how do I enter this field, pre-law preparation, skill sets, advancement and networking. Essays include becoming a lawyer with a work-life balance, becoming an environmental practitioner, becoming an immigration lawyer, becoming a food and drug lawyer, becoming an effective adjudicator, becoming an administrative law judge, and many others

    Cap-and-Trade Legislation

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    SelectedWorks @ Widener University Commonwealth Law School
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