Waiving Jurisdiction

This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why this reaction is unwarranted, and advocates that, in cases like Kroger, a defect in the district court’s subject-matter jurisdiction should be deemed waived if not raised before trial begins or any adjudication is made on the merits. This Article proceeds in four parts. Part I briefly reviews why the current system of strong rhetoric, riddled with myriad exceptions, is cumbersome, confusing, and unnecessary. Part II examines other structural constitutional doctrines that courts have nonetheless deemed waivable: mootness, sovereign immunity, and territorial conceptions of personal jurisdiction. In Part III, the Article explores why these other doctrines provide justifications for the waivability of constitutional subject-matter jurisdiction. Finally, Part IV demonstrates how this new proposal could extend beyond jurisdiction to other justiciability doctrines and statutory prerequisites to suit

A Study of Story Stones in Informal Learning Environments

This paper aims to provide context for the use of an open-ended tool called Story Stones for engaging young students in creative discussion. Story Stones are a collection of palm-sized rocks with transposed images attached. Student ages within this discussion range between two and seven years old, accompanied by adult caregivers in the Sugar Hill Children’s Museum of Art and Storytelling in Harlem, New York and Not Just Art childhood enrichment center in Oyster Bay, New York. The method of observation and analysis consisted of presenting Story Stones in an open-ended, hands-on invitation to visitors of the museum and enrichment center. Through observations of children’s interactions with Story Stones, several relevant domains presented themselves, including the Reggio Emilia approach to education and the Theory of Loose Parts. Sharing Story Stones or sharing ideas inspired by Story Stones is a communal experience, a kinesthetic experience, an aesthetic experience that will make an imprint on children and their caregivers

Predicting Potential Unconventional Production in the Tuscaloosa Marine Shale Play Using Thermal Modeling and Log Overlay Analysis

The Tuscaloosa Marine Shale formation (TMS) of Central Louisiana and South Mississippi was suggested as a potential hydrocarbon play with up to seven billion barrels of reserves in a 1997 study by Louisiana State University’s Basin Research Institute. The TMS is considered an unconventional resource because it is a source, reservoir, and seal. Since 1997, horizontal drilling and hydraulic fracturing have enabled exploration and documentation of oil reserves in this play. Prior to this study, high resistivity log curves were used to predict areas of economic interest. While areas of high resistivity within the TMS are often indicative of high TOC, in order to determine the presence of hydrocarbons in pore space sonic velocity and thermal maturation (the degree to which an organic source rock has been heated), information must be considered. In this study, information from sonic logs and resistivity logs from 43 wells were used in Schlumberger’s PetroMod® software to estimate porosity, pore pressure, and thermal maturation. Model results indicate that the TMS is in the oil window (0.55 to 1.1 %Ro) throughout the study area. Vitrinite Reflectance (%Ro), porosity, and pore pressure are consistent with depth of burial and normal compaction, with vitrinite reflectance ranging from 0.62-1.12; porosity ranging from 5-15%; and pore pressure ranging from 4366-9413 psi . Total Organic Carbon (TOC) was estimated using a log overlay technique on 127 wells. Estimated TOC in the study area ranges from 0.5% to 3% and has a complex spatial distribution. Highest TOC values are predicted along the northern boundary between East Baton Rouge and Livingston Parishes; along the northern boundary of Pointe Coupee and St. Landry Parishes, and eastern Avoyelles Parish; along the border between East and West Feliciana Parishes; in Wilkinson County, MS; along the border between Amite County, MS and St. Helena Parish. Results were calibrated using geochemical data provided by operators active in the TMS. This research has provided a technique to predict areas with high concentrations of TOC that are thermally mature, which are commonly associated with areas of unconventional production potential

Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws to Protect Themselves from Marijuana Spillover from Their Legalizing Neighbors

Reefer madness is sweeping the nation. Despite a federal ban on marijuana, states have begun to legalize medical and, increasingly, recreational use of the drug. As more states legalize marijuana, their non-legalizing neighbors have seen a distinct uptick in marijuana possession and use—and an attendant increase in crime and accidents. In December 2014, Nebraska and Oklahoma, non-legalizing states that border Colorado, a trail-blazer in the full-legalization movement, requested permission to file suit in the U.S. Supreme Court over their neighbor’s lax marijuana controls, which allow cannabis to come into their states. The Supreme Court denied leave to file. In the wake of the Supreme Court’s ruling, the question remains: What can prohibiting states do to protect themselves from cross-boundary spillover? This Article surveys various litigation—and statutory—options and ultimately determines that prohibiting states should, at a minimum, consider enacting laws modeled on Dram Shop Acts, which create liability against those who sell alcohol to already intoxicated people or minors who then injure third-party victims. These revamped “Gram Shop Acts” would create liability against out-of-state marijuana dispensaries that sell to Home State buyers who, while high, injure third parties in the Home State or those who are residents of the Home State. Gram Shop Acts may help prohibiting states shift some of the costs of marijuana legalization back to those states that foster its use by deterring sales to citizens residing in non-legalizing states and by providing compensation to third-party victims

If You Don’t Have a Cow (or Chicken or Pig), You Can’t Call It Meat: Weaponizing the Dormant Commerce Clause to Strike Down Anti-Animal- Welfare Legislation

Industrial meat producers and proponents of plant-based diets are locked in legislative and litigation battles. On the legislative battlefront, meat producers are attempting to prohibit vegetarian and vegan food manufacturers from calling their products “meat,” “burgers,” “pork,” or other similar “meaty” descriptions. At the same time, animal-welfare advocates are urging states to pass laws to better the lives of animals in various ways, such as requiring meat producers to provide farm animals more space or other enhanced conditions. On the litigation side, both the meat producers and the plant-based companies are attempting to deploy the Dormant Commerce Clause (“DCC”) to strike down the laws inimical to their industries; but each side also ardently argues that the DCC permits the laws that benefit its industry. This Article describes the legislative battle and provides a theoretical framework for understanding how the litigation battle should be resolved under the DCC

The Push for City Status by Municipal Councils in Uganda: A Dilema for Urban Planning. The Case of Mbarara Municipal Council

Urbanization is a process through which a proportion of a country’s population lives in urban areas increases (World Resource, 1996:96). In Uganda for instance a settlement with 1000 and above people is classified as urban (UBOS, 2005).  The urban centres in Uganda are further ranked and gazetted as Cities, Municipalities, Town councils and Town Boards under the Local Government Act Cap. 243. The current ranking gives 1 City; 13 Municipalities; 98 Town Councils, and 207 Town Boards (LGA. Cap 243). The Minister of Local Government using the powers granted under the Local Government Act Cap.243 defines the ranking using the following criteria: population of 500,000 people for a City; 100,000 people for the Municipality; and 25,000 people for a Town Council. That of the Town Board is 1000 persons and above. In addition each of the categories must have a Master / Physical Development Plan; own offices; have available water source; and be able to meet the cost of providing services. Using the same Act, a location identified as District headquarters automatically becomes a Town Council. Each urban centre strives to acquire status of higher administrative level and in this respect the current Municipalities are on the fore front of pushing for City status. Elevation to higher status is supported by the Central Government. Similarly, under ‘Vision 2040’Uganda Government seeks to eliminate regional imbalance through establishment of regional cities instead of the current mono-city development dominated by Kampala City (Uganda Vision 2040). Since the Municipalities are spatially small they have to raise the required population threshold of 500,000 people and consequently have been applying the strategy of extending their current administrative boundaries to the surrounding rural areas. The annexed rural areas are brought within the urban planning framework so as to guide the current and future development. Annexation adds to the  challenges the current Municipalities face that include : inadequate  urban planning operations; lack of planning personnel,  planning data,  information and drawing tools; lack of transport for movement and surveillance; poor enforcement mechanism; lack of sensitization; budgetary constraints; community perception land tenure system and compensation. These highlighted issues   pose a dilemma to urban planning in the old and annexed areas. This is a pertaining situation with the old and annexed areas of Mbarara Municipality that is the subject focus of this paper. DOI: 10.7176/JEES/9-5-07 Publication date:May 31st 201

Estudi de les habilitats visuals dels jugadors de voleibol

Aquest estudi s'ha realitzat per conèixer quines són les habilitats visuals que més intervenen en el voleibol. Gràcies a aquesta recerca bibliogràfica, s'ha pogut comprovar que l'esport està molt lligat a la visió. Per una banda, quan es practica esport es rep molta informació visual que posteriorment es convertirà en experiències, i per tant, es produirà un desenvolupament cognitiu. I per l'altre, millorant el rendiment dels òrgans de la visió, es produeix una optimització de les habilitats visuals, i conseqüentment, es millora el rendiment esportiu. En concret, les habilitats visuals que es consideren més rellevants a les exigències del voleibol són les següents: Agudesa visual, funció de la sensibilitat al contrast, motilitat ocular, acomodació, fusió, visió perifèrica, temps de reacció i coordinació ull-mà. El treball d'aquestes habilitat es dur a terme en tres fases d'entrenament: Entrenament visual general, específic i integrat. Primerament es treballen les habilitats globals que participen en el voleibol i després aquelles més concretes segons la necessitat de cada jugador, ja que depenent de quina sigui la seva funció dins l'equip, ha de potenciar més unes habilitats que altres. El que es vol aconseguir es que els jugadors arribin a integrar aquestes habilitats visuals amb les capacitats psicològiques, físiques i tècnico-tàctiques que intervenen en qualsevol jugada