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Conjunctive Groundwater Management as a Response to Social Ecological Disturbances: A Comparison of Four Western U.S. States
Get PDFRecent severe droughts in U.S. western and Great Plains states have highlighted the challenges that socio-ecological disturbances can pose for governing groundwater resources, as well as the interconnections between groundwater and surface water and the need to manage the 2 in an integrated way. Conjunctive management recognizes these interconnections and can be used to mitigate disturbances and achieve a variety of water management goals. However, comparative studies of how and to what extent various states have implemented conjunctive management strategies are few. Here we compare and assess the use of conjunctive management practices in 4 western state —Arizona, California, Nebraska, and Texas—with a particular focus on groundwater. Special attention is paid to factors of geography and infrastructure, degree of administrative (de)centralization, and monitoring and modeling in relation to conjunctive management. Despite the commonality of bifurcated regimes for groundwater and surface water, all 4 states have responded to disturbances with conjunctive management strategies in various ways. Although it has groundwater management challenges similar to those in the other 3 states, Texas has overall been slower to adopt conjunctive management strategies
University of Baltimore School of Law Center on Applied Feminism\u27s 8th Annual Feminist Legal Theory Conference on Applied Feminism and Work: Keynote Speaker Chai Feldblum, Commissioner, Equal Employment Opportunity Commission
Get PDFChai Feldblum:
I\u27m thrilled to be here. I can\u27t say how cool it is to be at a law school that has a Center on Applied Feminism. How many law schools have that? And given, as you heard, I\u27m a commissioner at the Equal Employment Opportunity Commission that cares about having fair and just work, to be at a conference on applied feminism and work.
This is also an important year for the Commission itself. Fifty years ago, in July, our Commission opened its doors for the first time and started to help implement Title VII of the Civil Rights Act of 1964. That Title of the law prohibited employers from discriminating on a range of characteristics, including sex
Just Jobs
Get PDFActivists who pursue gender justice in the United States have always focused on work, both the paid and unpaid kind. In her magisterial Sex Equality, Catharine MacKinnon chose Work as her first section, or illustrative locus, in the chapter titled Sex and Sexism. \u27 At the workplace, MacKinnon wrote, begins the mosttraveled terrain of sex equality law.2 Unpaid work fills the waking hours of most women. Women\u27s labor makes the domestic economies of nation-states possible, even though it continues almost entirely uncounted in measurements of national output.\u27 Injustices in both categories of work, the paid and unpaid, buttress each other.4
Mindful of the undertakings and achievements of gender-justice activists in the realm of work, this Article adds to their task by proposing more for feminist law to do.\u27 I will argue that feminist efforts, which with respect to United States law have hewed mostly to what can be called the quality side of the inquiry about jobs, should enlarge to consider quantity too: that is, the number of jobs available. Widened attention would support the pursuit of quality and also add strength to a larger struggle for gender justice
New Wine in Old Wineskins: Metaphor and Legal Research
Get PDFWe construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors to better serve theory and practice. It concludes by examining how this investigation into “finding law” implicates primary jurisprudential concepts of law
Protecting Common Law Rights of the Unionized Worker: Demystifying Section 301 Preemption
Get PDFEmployers are frequently subject to employee lawsuits alleging a tort. Non-unionized employees may seek damages for such conduct by their employers in state court. Unionized employees, however, face the risk that employers will seek to transfer the case to a federal district court in an attempt to immunize tort liability by claiming the complaint is preempted by § 301 of the Labor Management Relations Act of 1947 (LMRA). Although § 301 remains essentially unchanged from the date of its adoption, judicial confusion over the scope of its preemptive effect frequently has broadened an employer’s ability to defeat state tort claims by its employees in the early stages of litigation with a motion to dismiss. As a result of this evolution and accompanying confusion, the common law rights of unionized workers have been unfairly circumscribed simply because their union entered into a collective bargaining agreement with their employer. Neither the statute’s framers nor the Supreme Court opinions which delineated § 301’s impact intended such an expansive result in favor of management. A proper understanding of § 301 and its preemptive effect produces a judicial test which protects the common law rights of unionized workers while still ensuring that collectively bargained agreements will be enforced uniformly throughout the country
Is the Supreme Court a Political Institution? Yes and No.
No full textFor the first lecture in his Citizenship and Freedom series, Professor Lyle Denniston holds a dialog with Professor Garrett Epps on whether the Supreme Court is a political entity. The discussion includes analysis of Bush v. Gore, the ideological divide among the Justices, and the internal politics of the Court
Reparation, Restoration, Incarceration: Comparative Perspectives on the African-American Reparations Problem
Get PDFThe proposal of reparations to African-Americans for slavery and subsequent offenses has stimulated a great deal of academic attention but little practical action. One reason for this is the indifference of non-black Americans and the lack of historical consciousness in a pragmatic, forward-looking culture. Yet some AfricanAmericans also have mixed feelings about reparations, preferring to concentrate on current problems rather than seek repayment for past wrongs, and perhaps even considering the debate as a divergence from more pressing, immediate problems
University of Baltimore Journal of International Law, Volume 5, Issue 1 (2016-17) Front Matter
Get PDFRecent Developments: Sharp v. State: Despite Not Formally Objecting, Defense Counsel Properly Preserved the Issue of Whether the Circuit Court Inappropriately Weighed Defendant\u27s Decision Not to Plead Guilty at Sentencing; The Circuit Court Did Not Impermissibly Consider Defendant\u27s Rejection of the Plea Offer at Sentencing.
Get PDFThe Court of Appeals of Maryland held that defense counsel’s statements conveyed an objection to the circuit court’s perceived consideration of the defendant’s decision not to plead guilty at sentencing. Sharp v. State, 446 Md. 669, 113 A.3d 1089 (2016). As a result, the court held that defense counsel sufficiently preserved the issue for appellate review. Id. at 684, 113 A.3d at 1098. Ultimately, though, the circuit court’s statements at sentencing did not give rise to the inference of an impermissible consideration. Id. at 701, 113 A.3d at 1108
A Comparative Empirical Study of Negotiation in Criminal Proceedings Between Brazil and the United States of America
Get PDFThe present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of plea bargaining, which is widely used in the U.S. judicial system