Suchergebnisse

In its recent Wilderness Society v. Rey decision, the Ninth Circuit addressed the difficult question of when a statute may establish a right to informational standing. The decision interpreted the Supreme Court's decision in Summers v. Earth Island Institute, and concluded that general notice and appeal provisions in a statute that do not establish an explicit public right to information from the government are insufficient to establish informational standing. The Wilderness Society decision indirectly raised the broader question of when Congress may modify common law injury requirements or even Article III constitutional standing requirements. Although the Wilderness Society decision relied on the implications of Summers, the Ninth Circuit would have been better advised to examine Justice Kennedy's concurring opinions in Lujan v. Defenders of Wildlife and Summers. His opinions suggest that Congress has significant authority to expand citizen suit standing as long as it carefully defines the statutory injuries it seeks to remedy. Wilderness Society is important because it is the first court of appeals decision that attempts to reconcile Summers and FEC v. Akins, the crucial informational standing case. Although the result in Wilderness Society may be correct, the Ninth Circuit failed to grasp the full complexities of the Supreme Court's standing jurisprudence. This Article argues how to best interpret Lujan, Summers, and Akins in determining how much authority Congress has to establish informational standing and other standing rights that have divided lower federal courts.

Abstract. The combined effect of hot and dry extremes can have disastrous consequences
for society, the economy, and the environment. While a significant number of
studies have been conducted regarding the variability of the individual hot
or dry extremes in Romania, the evaluation of the combined effect of these
extremes (e.g., compound effect) is still lacking for this region. Thus, in
this study, we have assessed the spatiotemporal variability and trends of
hot and dry summers in Romania, between 1950 and 2020, and we have analyzed
the relationship between the frequency of hot summers and the prevailing
large-scale atmospheric circulation. The length, spatial extent, and
frequency of heat waves (HWs) in Romania present decadal variations, with the
rate of increase being accelerated after the 1990s. The smallest number of
HWs was observed between 1970 and 1985, while the highest number of HWs has
been recorded over the last 2 decades (i.e., 2001–2020). The hottest
years, in terms of heat wave duration and frequency, were 2007, 2012, 2015,
and 2019. One of the key drivers of hot summers, over our analyzed region,
is the prevailing large-scale circulation, featuring an anticyclonic
circulation over the central and eastern parts of Europe and enhanced
atmospheric blocking activity associated with positive temperature anomalies
underneath. The results from this study can help improve our understanding
of the spatiotemporal variability of hot and dry summers over Romania, as
well as their driving mechanisms, which might lead to a better predictability
of these extreme events in the region.

The late Patrick Primeaux, a past editor of this series, was an outstanding teacher of business ethics and a longtime chair of the Theology Department at St John's University in New York City. Patrick, through his teachings, research articles and books, had a profound influence on how many contemporary business ethicists both teach and think about business ethics. Some contributions in this volume are from his colleagues and reflect his influence as both a business ethics teacher and as a scholar. Others are the result of a conference held in June, 2011 at the University of Tasmania by the Australian Association for Professional & Applied Ethics. Those contributions too reflect Patrick's influence and also argue themes which Patrick would have fully endorsed

The late Patrick Primeaux, a past editor of this series, was an outstanding teacher of business ethics and a longtime chair of the Theology Department at St John's University in New York City. Patrick, through his teachings, research articles and books, had a profound influence on how many contemporary business ethicists both teach and think about business ethics. Some contributions in this volume are from his colleagues and reflect his influence as both a business ethics teacher and as a scholar. Others are the result of a conference held in June, 2011 at the University of Tasmania by the Australian Association for Professional & Applied Ethics. Those contributions too reflect Patrick's influence and also argue themes which Patrick would have fully endorsed.

Section I begins with a brief discussion of the maxims of statutory interpretation and an explanation of how courts employ them to determine an enigmatic law's meaning. Section II provides a history of the J.D. Tan case, including a chronicle of the underlying dispute between the principal debtor, William Summers, and the assighee of the judgment holder, J.D. Tan, LLC. Section III explains why the statute at issue in J.D. Tan, RCW 6.17.020(3), was ambiguous when this case was decided, and how this statute was in need of judicial interpretation via application of the maxims of statutory interpretation. Section IV analyzes how the J.D. Tan court could have reached a correct result by interpreting the ambiguous statute through the application of four particular maxims of statutory interpretation. Finally, Section V concludes with a summary of this Note, along with a policy analysis explaining why a court that is faced with an ambiguous statute should proceed in a manner different from the manner chosen by the court in J.D. Tan.

Patrick Casey reflected on his experience serving as a member of the 104th Regiment New York Volunteer Infantry in his autobiography. His chronological detail of events begins with the date of his enlistment in Whitehall Washington County, N. Y. on January 26, 1862 and had originally been meant to continue until the now-unknown time in which Casey had been presently writing; unfortunately, his manuscript abruptly ends 8 months into the narrative on September 15, 1862, mid-sentence, indicating a portion of text is missing. The surviving autobiography, however, reveals a precise account of Casey�s travels from Washington County, N. Y., Alexandria, V. A., to South Mountain, M. D., as he also meticulously recorded the many destinations throughout his journey and the distance between each. With each relocation, Casey stated the date and offered a brief description of the tasks or events that had taken place�for instance, he detailed several occurrences of having come into contact with Confederate soldiers in Virginia. Most notably, he recounted his successful involvement in the Battle of Cedar Mountain, August 09, 1862. Casey�s autobiography effectively revealed the methodical and strategic insight of Union soldiers participating in combat. This manuscript is transcribed true to text, meaning all grammatical errors and misspellings replicate Casey�s original writing.

Intro -- TABLE OF CONTENTS -- INTRODUCTION -- A PROLOGUE -- THE MOTIVATION -- PART I: 1883-1916 -- CHAPTER 1-THE LAND AND THE PEOPLE -- CHAPTER 2-WORK, EDUCATION AND OPPORTUNITY -- CHAPTER 3-NATIONAL ATTORNEY FOR THE CHOCTAWS -- PART II: 1916-1940 -- CHAPTER 1-THE FIRST WORLD WAR -- CHAPTER 2-POLITICS AND OKLAHOMA -- CHAPTER 3-SECRETARY OF WAR -- Philippine Independence -- War Policies Commission -- Bonus March -- CHAPTER 4-IN HIS OWN WORDS -- CHAPTER 5-THE NEW DEAL -- PART III: 1941-1944 -- CHAPTER 1-THE SOUTHWEST PACIFIC -- CHAPTER 2-THE SOVIET UNION -- CHAPTER 3-THE MIDDLE EAST -- CHAPTER 4-THE CONFERENCE AT TEHERAN -- CHAPTER 5-THE IRANIAN PLAN -- PART IV: 1944-1945 -- CHAPTER 1-THE STILWELL AFFAIR -- CHAPTER 2-THE MISSION TO CHINA -- CHAPTER 3-NEGOTIATIONS WITH THE COMMUNISTS -- CHAPTER 4-SABOTAGE OF THE AMERICAN POLICY -- CHAPTER 5-NEGOTIATIONS RESUMED -- CHAPTER 6-THE YALTA SECRET AGREEMENT -- CHAPTER 7-TRADITIONAL POLICY REAFFIRMED -- CHAPTER 8-IMPLEMENTATION OF THE YALTA AGREEMENT -- CHAPTER 9-THE AMBASSADOR'S RESIGNATION -- PART V: 1945-1956 -- CHAPTER 1-THE FIGHT FOR TRUTH -- CHAPTER 2-SEEKING A FORUM -- THE DECISION -- CONCLUSION -- REQUEST FROM THE PUBLISHER.