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Vigilance by kiang, equus kiang, with proximity to anthropogenic structures in trans-Himalayan India: Perceived threat or safety?
No full textRelating beach characteristics to nesting site choice by female hawksbill (Eretmochelys Imbricata), leatherback (Dermochelys Coriacea), and green (Chelonia Mydas) sea turtles on the Island of Barbuda Lesser Antilles.
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To Abbreviate or Not to Abbreviate: A Perspective on Administrative Agency Bluebook Citations
Get PDFFor students and practitioners, one of the most confusing issues posed today by The Bluebook lies in when and how to abbreviate federal and state administrative agency names. Or to put it another way: Do I use: EPA, E.P.A., Envtl. Protection Agency, or U.S. Envtl. Protection Agency
The New York Court of Appeals Visits (and Then Revisits) the Preclusive Impact of Administrative Findings of Fact in Subsequent State Court Actions
Get PDFThe Court of Appeals decision in Auqui v. Seven Thirty One Limited Partnership, 3 N.E.3d 682 (N.Y. 2013), recognizes that administrative proceedings which take the form of “quasi-judicial” determinations may sometimes be given preclusive impact in subsequent judicial proceedings provided that the identity of issue and full and fair opportunity requirements of collateral estoppel or issue preclusion are satisfied. The decision also recognizes that administrative determinations made without the benefit of rules of evidence, pre-trial disclosure and motion practice should be given very limited affect in subsequent judicial proceedings. The fact that the Empire State’s highest court unanimously reversed itself within one year is a reminder of how confusing the doctrines of res judicata and collateral estoppel are to the bench and bar of New York
A Critical Research Agenda for Wills, Trusts and Estates
Get PDFThe law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgender individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law\u27s commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors\u27 rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This Article reviews examples of what the authors call “critical trusts and estates scholarship” and identifies additional avenues of inquiry that might be fruitfully pursued by other scholars who are interested in bringing an “outsider” perspective to their work in this area
Global Water Resources & Publications
Get PDFBefore we as a society can begin crafting innovative legal solutions to help combat the global water crisis, researchers and experts in the field first need access to sound sources of scientific information. Despite the seeming simplicity of that goal, locating research about water, sanitation, and agricultural conditions, especially in developing countries, can be immensely challenging as it is complicated by issues of language, currency, scope, and accuracy. The purpose of this note is to provide practitioners with a list of free, high quality resources that should help make their research in this area a bit more accessible
The Improbable Birth and Conceivable Death of the Securities Arbitration Clinic
Get PDFThis Article explores the birth, life, and possible death of securities arbitration clinics (SACs) in the United States. Part II of this Article describes the history of the securities arbitration clinic in the United States. Part III describes how a SAC operates and how SAC students help investors. Part IV reviews the pedagogical advantages and disadvantages of a SAC, and addresses the reluctance of many law schools to embrace this type of clinic. Part V concludes by predicting whether these clinics have a future in light of the modern challenges to clinical legal education
Ethnic Identity, Color-Blind Racial Attitudes, and Multicultural Competence Among Psychologists
No full textResearch has shown that multicultural competence (MCC), ethnic identity (EI) and colorblind racial attitudes (CoBRA) are related. Specifically, MCC has been positively correlated with level of EI development and negatively correlated with CoBRA. The American Psychological Association (APA; 2002) published the Guidelines on Multicultural Education, Training, Research, Practice, and Organizational Change for Psychologists, specifying the importance of commitment to cultural awareness and knowledge of self and others. This study examined these correlations, as well as whether these constructs moderate level of MCC. In addition, differences in MCC, EI, and CoBRA based on race and training were examined among psychologists and psychologists-in-training. The sample consisted of 163 participants; 58.9% were graduate psychology students and 41.1% were psychology supervisors. An online survey which included a demographic questionnaire, the Ethnic Identity Scale (Umafia-Taylor, Yazedjian, & Bamaca-Gomez, 2004), the Color-Blind Racial Attitudes Scale (Neville, Lilly, Duran, Lee, & Browne, 2000), and the Multicultural Awareness, Knowledge, and Skills Survey—Counselor Edition—REVISED (Kim, Cartwright, Asay, & D\u27Andrea, 2003). Ethnic identity was assessed in terms of three continuous variables (affirmation, exploration, and resolution), while the total scores for CoBRA and MCC were used in the analyses. Results supported previous findings on the correlations between the variables, but did not find moderation effects. In terms of race, it was found that non-Caucasian participants reported lower CoBRA, higher EI (exploration and resolution), and higher MCC than Caucasian participants. More experienced psychologists reported higher levels of MCC. Lastly, the type of training received was found to be a significant variable when assessing MCC, EI, and CoBRA. Formal academic courses were found to be correlated to El and CoBRA, while additional/continuing education activities were correlated to MCC, CoBRA, and EI. One important implication of this study is that current models of MCC training may not be adequate for developing MCC. These findings suggest that psychologists-in-training would benefit from participating in additional multicultural educational activities that are more active in nature (self-exploration versus lectures) and take into account personal attributes, such as race. These results also speak to the need for more culturally diverse individuals in the profession
Assessing Environmental Governance of the Hudson River Valley: Application of an IPPEP Model
Get PDFThe process of obtaining effective implementation of environmental laws is a process of “environmental governance.” Law, including environmental law and other fields of law related to environmental law, is essential to frame, facilitate, and foster the major parties to correctly play their roles.
This thesis has been articulated through a Model of Interactions of Parties in the Process of Environmental Protection (IPPEP Model), which has been developed by Professor Wang Xi of Shanghai Jiao Tong University, in the context of the People’s Republic of China. The IPPEP Model is a tool for observing and accessing environmental governance at work. It is being tested by regional studies in various locations, such as the United States, the State of New York, and in this IPPEP case study of New York’s Hudson River Valley. The IPPEP model being examined, however, has universal applicability. Use of this model can predict that environmental standards will fail to be observed when necessary “Third Parties” are weak or absent. A nation with a commitment to the “rule of law” will enact and apply necessary legal procedures to ensure that each party can take part in the system and perform their role effectively.
Part I of this paper describes the IPPEP Model. Part II is a brief introduction to the history of Hudson River Valley. Part III introduces the major parties or players in the process of protecting Hudson River Valley. Part IV consists of five case studies applying the IPPEP Model in cases of Hudson River Valley conservation. Part V concludes the paper