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Articles 31 - 60 of 153
Full-Text Articles in Law
Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler
Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler
Faculty Publications By Year
In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies should include …
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Scholarly Publications
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right.1 The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled
Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled
Faculty Publications By Year
No abstract provided.
The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine
The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine
Articles
Decisions of the National Labor Relations Board (NLRB), like those of other administrative agencies, are subject to review by the federal judiciary. Standards of review have evolved over time. The Administrative Procedure Act of 1946 provides that administrative decisions must be in accord with law and required procedure, not arbitrary or capricious, not contrary to constitutional rights, within an agency's statutory jurisdiction, and supported by substantial evidence. In practice, more attention is paid to two Supreme Court decisions, Skidmore (1944) and Chevron (1984). For many years Chevron seemed the definitive test. A court must follow a clear intent of Congress, …
The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green
The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green
Faculty Scholarship
In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …
Newsroom: Field '97 On Open Records, Roger Williams University School Of Law
Newsroom: Field '97 On Open Records, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Appeal No. 0859: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0859: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-09 (Enviro Clean Facility)
Slides: The Columbia River Treaty, Barbara Cosens
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides
Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith
Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Roy Smith, Bureau of Land Management
19 slides
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ellen Hanak, Senior Fellow and Director, PPIC Water Policy Center, Public Policy Institute of California
13 slides
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral
Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Jerry Meral, Director of California Water Programs, Natural Heritage Institute
8 slides
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Michael Cohen, Senior Research Associate, Pacific Institute
29 slides
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University
32 slides
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Professor Bonnie Colby, Departments of Agricultural and Resource Economics and Hydrology and Water Resources, University of Arizona
23 slides
How Would The Supreme Court Rule On Loving And Ridgely?, Steve R. Johnson
How Would The Supreme Court Rule On Loving And Ridgely?, Steve R. Johnson
Scholarly Publications
On March 3 the Supreme Court unanimously decided Direct Marketing Association v. Brohl, a case arising under the Tax Injunction Act {TIA). The focus of this article is not on Brohl on its own terms but on the implications of Brohl· for the Loving line of cases and for future cases that may arise out of Loving. I believe Brohl reveals that the Supreme Court would likely uphold the approach taken in Loving were a case of this kind to reach the Court. For that reason, the government was wise not to seek Supreme Court review of Loving. Unless it …
Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr
Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr
Nevada Supreme Court Summaries
The Court held that, although a sheriff has a duty to diligently execute arrest warrants, he is within his discretion to determine how to best execute the arrest warrants. The statute does not impose a duty to enter the warrant information into an electronic database.
Appeal No. 0894: Ll&B Headwater Ii, Lp, V. Division Of Oil & Gas Resources Management And Gulfport Energy Corporation, Ohio Oil & Gas Commission
Appeal No. 0894: Ll&B Headwater Ii, Lp, V. Division Of Oil & Gas Resources Management And Gulfport Energy Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)
Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore
Publications
Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …
Codifying Chevmore, Kent H. Barnett
Codifying Chevmore, Kent H. Barnett
Scholarly Works
This Article considers the significance and promise of Congress’s unprecedented codification of the well-known Chevron and Skidmore judicial-deference doctrines (to which I refer collectively as “Chevmore”). Congress did so in the Dodd-Frank Act by instructing courts to apply the Skidmore deference factors when reviewing certain agency-preemption decisions and by referring to Chevron throughout.
This codification is meaningful because it informs the delegation theory that undergirds Chevmore (i.e., that Congress intends to delegate interpretive primacy over statutory interpretation to agencies under Chevron or courts under Skidmore). Scholars and at least three Supreme Court Justices have decried the judicial inquiry into congressional …
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Law Faculty Scholarly Articles
In last year's term, the United States Supreme Court considered the question of the scope of Chevron deference in City of Arlington v. FCC. This article discusses how the decision is an example of the work of an activist Court. The case should have been resolved by a straightforward determination under the analysis of United States v. Mead that Chevron deference simply did not apply to the Federal Communications Commission's (FCC) legal determination. The Court ignored this restrained approach to the case and instead addressed the question the Justices desired to decide: the reach of Chevron deference. The article …
Judicial Review Of Agency Benefit-Cost Analysis, W. Kip Viscusi, Caroline Cecof
Judicial Review Of Agency Benefit-Cost Analysis, W. Kip Viscusi, Caroline Cecof
Vanderbilt Law School Faculty Publications
This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative Procedure Act tasks federal courts with ensuring that federal agency action is reasonable. As more agencies use BCA to justify their rulemakings, the court's duty often requires judges to evaluate the reasonableness of agency BCAs. In this Article, we discuss the challenges that trigger judicial review of agency BCAs and the standards that govern the review. We then present specific examples of how courts analyze BCAs. Overall, we find many examples of …
Life And Death In The Mental-Health Blogosphere: An Analysis Of Blog Content And Survival, Edward Alan Miller, Antoinette Pole, Bukola Usidame
Life And Death In The Mental-Health Blogosphere: An Analysis Of Blog Content And Survival, Edward Alan Miller, Antoinette Pole, Bukola Usidame
Department of Political Science and Law Faculty Scholarship and Creative Works
The purpose of this study was to describe a sample of mental-health blogs, to determine the proportion of sampled blogs still posting several years after identification, and to identify the correlates of survival. One hundred eighty-eight mental-health blogs were identified in 2007–08 and revisited in 2014. Eligible blogs were U.S.-based, in English, and active. Baseline characteristics and survival status were described and variation based on blog focus and survival examined. Mental health bloggers tended to be females blogging as patients and caregivers focusing on specific mental illnesses/conditions. The proportion of blogs still active at follow-up ranged from 25.5 percent to …
New Wine, Old Bottles, And A Do-Nothing Congress, Michael E. Herz
New Wine, Old Bottles, And A Do-Nothing Congress, Michael E. Herz
Online Publications
The Rivers and Harbors Act of 1899 was adopted to protect against hazards to and interference with navigation. It prohibited “creation of any obstruction to the navigable capacity of any of the waters of the United States” or altering or filling navigable waters (§10) and also made it unlawful “to throw, discharge, or deposit . . . any refuse matter” into navigable waters “whereby navigation shall or may be impeded or obstructed,” although the Corps of Engineers could permit such a discharge if “anchorage and navigation will not be injured thereby” (§13). For two-thirds of a century, those provisions operated …