LEGAL SCHOLARSHIP NETWORK: LEGAL STUDIES RESEARCH PAPER SERIES
LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW
"Into Centuries of Centuries: Reflections on Marc. R. Poirier (1952-2015)"
3 J. L. Prop. & Soc’y 1 (2017)
Loyola University New Orleans College of Law Research Paper No. 2017-05
JOHN A. LOVETT, Loyola University New Orleans College of Law
This essay reflects on the contributions to property law scholarship and teaching made by Marc R. Poirier (1952-2015), Professor of Law at Seton Hall School, over the course of his twenty-five year career in the legal academy. Marc Poirier was a distinguished scholar and great friend to many in the property law world. The essay recounts Poirier’s formative experiences as a student at Harvard Law School and in practice in Washington, D.C. It details his teaching innovations and his many institutional contributions to Seton Hall and the wider legal academy. It also provides a brief overview of Poirier’s remarkable range of scholarship on property law, emphasizing his syncretic, inter-disciplinary approach to property law and theory, environmental law and law dealing with gender identity and human rights. It draws attention to Poirier’s iterative, generous, and, above all, caring approach to scholarship, teaching and life.
"The State of the City and the Future of Human Rights: A Review of Global Urban Justice"
Columbia Human Rights Law Review, Forthcoming
Loyola University New Orleans College of Law Research Paper No. 2017-06
JOHANNA KALB, Loyola University New Orleans College of Law, New York University (NYU) - Brennan Center for Justice
As of 2014, fifty-four percent of the world’s population lived in cities; by 2050, this proportion is expected to rise to sixty-six percent. As a result, cities face tremendous and unique challenges in creating communities in which diverse populations can thrive. Corresponding with their renewed significance, cities have also begun to reimagine their individual and collective power on the national, regional, and international stage. As cities have become more visible, advocates have begun to focus on local governments as sites of rights protection, invoking universal international human rights norms as a source of authority for local policy and using human rights language as a tool for social mobilization. This localization of human rights is still a relatively new phenomenon. Now, however, as we approach the twentieth anniversary of the first human rights city, the time is ripe to take stock of the progress and potential. This volume of essays, edited by Barbara Oomen, Martha F. Davis, and Michele Grigolo, brings together an international and inter-disciplinary collection of authors to assess the state of human rights vis-à-vis the city. Through a mix of case studies and thematic essays on the localization of human rights on several continents, this volume provides a window into how human rights are playing out on the ground in local communities. This review draws on these case studies to consider whether cities are effective sites to enhance the relevance of human rights and, in particular, to examine whether efforts to name, claim, and implement rights at the city level can enhance accountability, make human rights relevant and real, and fill the gap left as the power of nation-states wanes.
"Reaching Higher Ground: Avenues to Secure and Manage New Land for Communities Displaced by Climate Change"
Center for Progressive Reform (May 2017)
Loyola University New Orleans College of Law Research Paper No. 2017-07
MAXINE BURKETT, University of Hawaii - William S. Richardson School of Law
ROBERT R. M. VERCHICK, Loyola University New Orleans College of Law
DAVID FLORES, Center for Progressive Reform
Millions of Americans are in danger of being displaced by sea level rise before the end of the century. In fact, migration from high-risk areas has already begun in isolated locations across the United States, where people are looking for homes less vulnerable to recurrent flooding, rising tides, melting permafrost, and other effects of global climate disruption.
Most of the people currently dealing with climate change-induced relocation are Native Americans and Alaska Natives, many of whom live close to coasts because of the cultural and economic importance of coastal resources, or because the federal government forcibly settled them on tracts of land that were much smaller and more marginal than their original homelands.
Three types tools are available to acquire and govern the land needed for a community to relocate: legal, policy, and corporate. This paper discusses some of the most promising of these tools that can be used to implement and support climate relocation efforts.
"Long Live the Student-Edited Law Review"
33 Touro L. Rev. 379 (2017)
Loyola University New Orleans College of Law Research Paper No. 2017-08
MARY GARVEY ALGERO, Loyola University New Orleans College of Law
This article defends the utility of student-edited law reviews by making three points showing why they should, and will, continue to be effective tools for distributing legal scholarship:
1) student-edited law reviews are valuable as platforms for the publication of historical and analytical legal writing;
2) law review articles help practitioners, judges, professors, law students, and others to understand the law and to consider and evaluate arguments about the law as they work on real cases and controversies; and
3) law reviews provide opportunities for law students to develop and practice skills that will be invaluable to them as lawyers.
"License to Uber: Using Administrative Law to Fix Occupational Licensing"
64 UCLA L. Rev. 844 (2017)
Loyola University New Orleans College of Law Research Paper No. 2017-09
JOHN BLEVINS, Loyola University New Orleans College of Law
This Article explores courts’ ability to restrict occupational licensing regulations at the state and local level. In recent years, governments have extended licensing requirements well beyond their traditional boundaries. The literature criticizes these requirements as protectionist measures that stifle new entry, entrench inequality, and threaten the emerging sharing economy. The harder question, however, is whether these new requirements are illegal. This Article argues that they are, but that challengers should be using different doctrines to confront them. Current legal challenges depend on constitutional and antitrust law doctrines, both of which have doctrinal and normative limitations. Constitutional doctrines require a revival of Lochner to be effective, while antitrust law is doctrinally limited and expensive to enforce. Accordingly, I make the novel claim that courts should apply administrative law doctrines to scrutinize and strike down irrational licensing regulations. Administrative law principles are more likely to succeed and are more easily reconciled with both current doctrine and legislative supremacy. The Article therefore provides courts with a viable doctrinal toolkit to scrutinize licensing regimes without resorting to a local Lochner approach that is less practically effective and that raises concerns about courts’ democratic legitimacy. Because administrative law doctrines provide more credible legal threats, they are also more likely to generate political pressure for reform.
About this eJournal
The Loyola University New Orleans College of Law Research Paper Series in Legal Studies contains the recent scholarship of the College's faculty. Established in 1914 in the Jesuit tradition of academic rigor, pursuit of justice, and service to others, the College of Law educates future members of the Bar to be skilled advocates and sensitive counselors-at-law who are committed to ethical norms in pursuit of dignity for all.
The College of Law faculty is a community of scholars committed to excellence in teaching and scholarship, and their academic writing reflects their broad and diverse areas of interest. To access faculty scholarship on SSRN and to subscribe to our Research Paper Series, please follow this link: http://www.ssrn.com/link/Loyola-U-LEG.html
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