Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (12)
- University of New Mexico (8)
- American University Washington College of Law (7)
- Columbia Law School (7)
- Case Western Reserve University School of Law (6)
-
- Duke Law (6)
- University of Pennsylvania Carey Law School (6)
- Cornell University Law School (4)
- Florida State University College of Law (4)
- Georgetown University Law Center (4)
- UC Law SF (4)
- University of Maryland Francis King Carey School of Law (4)
- Montclair State University (3)
- Roger Williams University (3)
- University of Nebraska - Lincoln (3)
- Vanderbilt University Law School (3)
- Brooklyn Law School (2)
- Loyola University Chicago, School of Law (2)
- University of Georgia School of Law (2)
- University of Michigan Law School (2)
- University of Missouri-Kansas City School of Law (2)
- University of Washington School of Law (2)
- Brigham Young University Law School (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Saint Louis University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Keyword
-
- Administrative law (16)
- Hydraulic fracturing (6)
- Regulation (6)
- EPA (5)
- Fracing (5)
-
- Fracking (5)
- Ohio (5)
- Oil and gas development (5)
- State law; State administrative decision; (5)
- Administrative Law (4)
- Air quality impacts (4)
- Environmental Protection Agency (4)
- Judicial review (4)
- Rulemaking (4)
- 2013 budget (3)
- Chevron (3)
- Chevron deference (3)
- Colorado (3)
- Deregulation (3)
- E-rulemaking (3)
- Litigation (3)
- Methane (3)
- Ozone (3)
- Public finance (3)
- Public lands (3)
- VOCs (3)
- 2008 (2)
- 2009 (2)
- Administrative Procedure Act (2)
- Administrative rules and regulations (2)
- Publication
-
- Faculty Scholarship (27)
- Publications (11)
- All Faculty Scholarship (6)
- Articles (6)
- Air Quality Impacts from Oil and Gas Development (January 27) (5)
-
- Ohio Oil & Gas Commission Decisions (5)
- Cornell e-Rulemaking Initiative Publications (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Scholarly Publications (4)
- Faculty Publications (3)
- Presentations (3)
- Reports (3)
- The Future of Natural Resources Policy (December 6) (3)
- Vanderbilt Law School Faculty Publications (3)
- Center on Children, Families, and the Law: Faculty Publications (2)
- Department of Political Science and Law Faculty Scholarship and Creative Works (2)
- Faculty Publications & Other Works (2)
- Faculty Works (2)
- Scholarly Works (2)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- All Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- FIMS Publications (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
Articles 1 - 30 of 121
Full-Text Articles in Law
Antitrust And The 'Filed Rate' Doctrine: Deregulation And State Action, Herbert J. Hovenkamp
Antitrust And The 'Filed Rate' Doctrine: Deregulation And State Action, Herbert J. Hovenkamp
All Faculty Scholarship
In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exempt railroads from antitrust liability, a private plaintiff may not recover treble damages based on an allegedly monopolistic tariff rate filed with a federal agency. Keogh very likely grew out of Justice Brandeis's own zeal for regulation and his concern for the protection of small business — in this case, mainly shippers whom he felt were protected from discrimination by filed rates. The Supreme Court's Square D decision later conceded that Keogh may have been “unwise as a matter of policy,” but reaffirmed it …
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Publications
No abstract provided.
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
The Future of Natural Resources Policy (December 6)
This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Moderator: Dean Phil Weiser, University of Colorado Law School
Panelists:
Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality
Scott Miller, Visiting Assistant Professor, University of Colorado Law …
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
The Future of Natural Resources Policy (December 6)
18 pages (DO-5 through DO-22).
"Background Reading"
The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture
Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture
The Future of Natural Resources Policy (December 6)
57 pages.
"Fiscal Year 2013 Budget Overview"
"February 2012"
"Background Reading"
The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Knowledge In The People: Rethinking "Value" In Public Rulemaking Participation, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart
Knowledge In The People: Rethinking "Value" In Public Rulemaking Participation, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart
Cornell e-Rulemaking Initiative Publications
A companion piece to Rulemaking vs. Democracy: Judging and Nudging Public Participation that Counts, this Essay continues to examine the nature and value of broader public participation in rulemaking. Here, we argue that rulemaking is a “community of practice,” with distinctive forms of argumentation and methods of reasoning that both reflect and embody craft knowledge. Rulemaking newcomers are outside this community of practice: Even when they are reasonably informed about the legal and policy aspects of the agency’s proposal, their participation differs in kind and form from that of sophisticated commenters. From observing the actual behavior of rulemaking newcomers …
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Articles in Law Reviews & Other Academic Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Publications
No abstract provided.
Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard
Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard
Georgetown Law Faculty Publications and Other Works
Despite the imposition of increasingly substantial fines and recently successful efforts to impose individual liability on corporate executives under the Park doctrine, punishing pharmaceutical companies and their executives for unlawful promotional activities has not been as successful in achieving compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) as the protection of the public health demands. Over the past decade, the Food and Drug Administration (FDA) and the Department of Justice (DOJ) have shifted their focus from correction and compliance to a more punitive model when it comes to allegedly unlawful promotion of pharmaceuticals. The shift initially focused …
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Groundwater In New Mexico, Darcy Bushnell
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Publications
No abstract provided.
Preserving Fairness In Tax Administration In The Mayo Era, Steve R. Johnson
Preserving Fairness In Tax Administration In The Mayo Era, Steve R. Johnson
Scholarly Publications
One of the dominant themes in contemporary federal taxation is bringing tax administration within the fold of general administrative law. In 2011, the United States Supreme Court unambiguously embraced this movement in the landmark case Mayo Foundation for Medical Education & Research v. United States, in which the Court held that challenges to the validity of Treasury regulations generally are governed by the Chevron standard to the same extent as are regulations issued by other administrative agencies.
There was an immediate and strong hostile reaction to Mayo in tax circles. Many fear that Mayo dramatically tips the balance in favor …
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
Enhancing Public Access To Online Rulemaking Information, Cary Coglianese
All Faculty Scholarship
One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …
The 'No Surplusage' Canon In State-Local Tax Litigation, Steve R. Johnson
The 'No Surplusage' Canon In State-Local Tax Litigation, Steve R. Johnson
Scholarly Publications
Previous installments of this column have examined numerous canons or conventions of statutory interpretation in their application to state and local tax controversies. This installment considers another canon: the precept that courts should prefer interpretations that render no part of a statute superfluous. A recent treatise phrased the principle thus:
If possible, every word and every provision [of an enactment] is to be given effect. . . . None should be ignored. None should needlessly be given an interpretation that causes it to duplicate another provision or to have no consequence.
The first part below describes the canon generally. The …
Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos
Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos
Department of Political Science and Law Faculty Scholarship and Creative Works
In the last half-decade, the “rise of the left” in Latin America has been studied extensively by many scholars. Whether framed as one, two, or many lefts, its various party leaders have been vocal in opposition to neoliberalism, although the orientation of their policies and governments toward neoliberalism has been mixed (Panizza 2009). The most influential and visible case of an anti-neoliberal government is that of Venezuelan president Hugo Chávez Frías.
The five books reviewed here, drawing on research on Venezuela, share a common scholarly interest in liberalism, pluralism, and account- ability, although some defend liberalism (Brewer-Carías, Corrales and Penfold), …
Reviving National Muffler: Analyzing The Effect Of Mayo Foundation On Judicial Deference As Applied To General Tax Authority Guidance, Matthew H. Friedman
Reviving National Muffler: Analyzing The Effect Of Mayo Foundation On Judicial Deference As Applied To General Tax Authority Guidance, Matthew H. Friedman
NULR Online
No abstract provided.
Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym
Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym
FIMS Publications
On March 31, 2010, Access Copyright applied to the Copyright Board to certify a tariff that would govern the relationship between the organization and the members of the Association of Universities and Colleges of Canada (AUCC) and the Association of Community Colleges of Canada (ACCC). Previously, the relationship had been governed by a series of license agreements between the organizations which had been periodically renewed. But Access Copyright chose not to seek renewal of the licenses, and applied to the Board to certify a general tariff that would cover all post-secondary institutions for the period of 2011 through 2013.
Access …
Appeal No. 0839: Municipality Of Sebring, Ohio V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission
Appeal No. 0839: Municipality Of Sebring, Ohio V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2011-37; (Ohio Valley Energy Systems, Grindley #1 Well)
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Prea 101 For Adult Prisons, Brenda V. Smith
Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray
Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray
Department of Political Science and Law Faculty Scholarship and Creative Works
This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members’ reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive …
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Homicide In The Brazilian Favela: Does Opportunity Make The Killer?, Elenice De Souza De Souza Oliveira, Joel Miller
Homicide In The Brazilian Favela: Does Opportunity Make The Killer?, Elenice De Souza De Souza Oliveira, Joel Miller
Department of Justice Studies Faculty Scholarship and Creative Works
High rates of homicide in Brazil are heavily concentrated in poor urban shanty towns or ‘favelas’. This paper looks beyond conventional social and economic explanations of homicides, and examines the relationship between situational factors and homicide incidents within a case-study favela in the city of Belo Horizonte. Initial exploratory research identified potential mechanisms linking local situational characteristics with homicide. A matched case–control study then tested hypotheses based on these mechanisms. When the characteristics of 100 addresses of homicide incidents were compared with those of 100 nearby non-homicide addresses, they showed statistical associations with drug areas, bars, alleys, windows onto the …
Home Concrete: After The Cheering, Problems, Steve R. Johnson
Home Concrete: After The Cheering, Problems, Steve R. Johnson
Scholarly Publications
No abstract provided.
Playing Well With Others - But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi-Member Court, William Araiza
Playing Well With Others - But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi-Member Court, William Araiza
Faculty Scholarship
No abstract provided.
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
Prea 101 For Community Corrections Agencies, Brenda V. Smith
Prea 101 For Community Corrections Agencies, Brenda V. Smith
Presentations
No abstract provided.
Appeal No. 0842: Lee & Angela Vickers V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0842: Lee & Angela Vickers V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
abandonment questions
Not By Technology Alone: The “Analog” Aspects Of Online Public Engagement In Policymaking, Dmitry Epstein, Mary J. Newhart, Rebecca Vernon
Not By Technology Alone: The “Analog” Aspects Of Online Public Engagement In Policymaking, Dmitry Epstein, Mary J. Newhart, Rebecca Vernon
Cornell e-Rulemaking Initiative Publications
Between Twitter revolutions and Facebook elections, there is a growing belief that information and communication technologies are changing the way democracy is practiced. The discourse around e-government and online deliberation is frequently focused on technical solutions and based in the belief that if you build it correctly they will come. This paper departs from the literature on digital divide to examine barriers to online civic participation in policy deliberation. While most scholarship focuses on identifying and describing those barriers, this study offers an in-depth analysis of what it takes to address them using a particular case study. Based in the …