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Full-Text Articles in Law
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
The recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable …
Recognizing The Role Of Inspectors General In The U.S. Government's Cybersecurity Restructuring Task, Amy Gaudion
Recognizing The Role Of Inspectors General In The U.S. Government's Cybersecurity Restructuring Task, Amy Gaudion
Faculty Scholarly Works
Months prior to the 2015 public disclosure of a data breach at the U.S. government’s Office of Personnel and Management (OPM), the Office of the Inspector General for OPM issued a report that identified significant deficiencies and material weaknesses in a number of the agency’s information systems and IT security programs. In response to the 2020 SolarWinds supply chain hack, attributed to Russia, calls are underway for inspectors general to conduct audits and inspections and to review prior inspector general assessments of information systems and vulnerabilities at federal agencies. The use of inspectors general to assess information system vulnerabilities and …
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Publications
This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.
The Internet's Public Domain: Access To Government Information On The Internet, Susan Nevelow Mart
The Internet's Public Domain: Access To Government Information On The Internet, Susan Nevelow Mart
Publications
This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho
38 slides
Let The People Know The Facts: Can Government Information Removed From The Internet Be Reclaimed?, Susan Nevelow Mart
Let The People Know The Facts: Can Government Information Removed From The Internet Be Reclaimed?, Susan Nevelow Mart
Publications
Ms. Mart examines the legal bases of the public's right to access government information, reviews the types of information that have recently been removed from the Internet, and analyzes the rationales given for the removals. She suggests that the concerted use of the Freedom of Information Act by public interest groups and their constituents is a possible method of returning the information to the Internet.
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Law Faculty Scholarly Articles
The terrorist attacks of September 11, 2001, and the accounting and auditing crisis later caused by the Enron and Worldcom scandals of that same year, created a great sense of insecurity in many Americans. In this Article, I analyze the federal government's response to crisis. I first define what a crisis is: a sudden, existential threat to which the entity has insufficient resources to respond. I then explain how regulation for safety and security is unique in two aspects: perceptions matter, and the assistance of the regulated entities is essential. I proceed by describing and analyzing the regulatory history and …
Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser
Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser
Publications
No abstract provided.
Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett
Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
5 pages.