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Volume 108 - Issue 6

Note: Your Local Solar Panel Store: Developing State Laws To Encourage Third-Party Power Purchase Agreements and Distributed Generation

By Sam D. Bolstad. Full text here. Solar panels’ high upfront capital costs are the primary hurdle to widespread installation by homeowners and towns. Solar panel companies are addressing this challenge through third-party power purchase agreements (PPAs), wherein a company pays for these costs when it installs the solar panels on-site at the customer’s location.…

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Note: Maneuvering the Headwinds Facing Offshore Wind Development in the Great Lakes: Amending the Coastal Zone Management Act

By Sarah Schenck. Full text here. The first United States offshore wind turbine was launched in 2013 off of the coast of Maine. Offshore wind development in the Great Lakes, however, will differ in key ways from development in non-Great Lakes coastal waters. Planning for development in the Great Lakes now would allow government agencies…

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Note: Legislating Corporate Social Responsibility: Expanding Social Disclosure Through the Resource Extraction Disclosure Rule

By Thea Reilkoff. Full text here. The United States has led a growing international effort to increase corporate transparency in the commercial development of natural resources. In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1504 of this Act requires resource extraction companies to publically disclose, through the Securities and Exchange…

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Note: Confronting Victims: Why the Statements of Young Victims of Heinous Crimes Must Still Be Subject to Cross-Examination

By Joseph Meyer. Full text here. The case of Crawford v. Washington has turned upside down the traditional Confrontation Clause jurisprudence under Ohio v. Roberts. Now, prosecutors must produce for cross-examination the declarants of all testimonial hearsay that is admitted unless (1) the declarant is shown to be unavailable and (2) there has been a previous…

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Note: HIPAA-Cratic or HIPAA-Critical: U.S. Privacy Protections Should Be Guaranteed By Covered Entities Working Abroad

By Grace Fleming. Full text here. Clinical research has increasingly moved outside of U.S. borders sparking debate over the legal and ethical requirements for clinical researchers and research sponsors conducting studies overseas. Parallel to overseas research expansion, privacy and privacy rights in healthcare are being recognized as fundamental rights. The strength of privacy protections is being…

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Note: Oh the Places Stockholders Will Go! A Guide for Navigating Forum Selection Bylaws Outside of Delaware

By Stephanna F. Szotkowski. Full text here. Until 2010, stockholders initiated intra-corporate, derivative suits by default in the state of incorporation. Vice Chancellor Laster of the Delaware Court of Chancery suggested in dicta in In re Revlon that boards of directors and stockholders could include an exclusive forum selection clause in their charter provisions. One year…

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Note: State Sexual Harassment Definitions and Disaggregation of Sex Discrimination Claims

By Eleanor Frisch. Full text here. Sex discrimination hostile work environment jurisprudence has developed along two separate lines. Claims for harassment based on sexual advances or other sexual conduct constitute “sexual harassment” and must fulfill the sexual-specific definitions and rules developed by courts and the EEOC. On the other hand, hostile work environment claims based on…

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