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Full-Text Articles in Law
States, Agencies, And Legitimacy, Miriam Seifter
States, Agencies, And Legitimacy, Miriam Seifter
Vanderbilt Law Review
Scholarship on the administrative process has scarcely attended to the role that states play in federal regulation. This Article argues that it is time for that to change. An emerging, important new strand of federalism scholarship, known as "administrative federalism," now seeks to safeguard state interests in the administrative process and argues that federal agencies should consider state input when developing regulations. These ideas appear to be gaining traction in practice. States now possess privileged access to agency decisionmaking processes through a variety of formal and informal channels. And some courts have signaled support for the idea of a special …
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven
Vanderbilt Journal of Entertainment & Technology Law
Hydraulic fracturing is a drilling technique used to increase resource production in which specially blended liquid mixtures are pumped into oil and gas wells under high pressure causing underground rock formations to crack and open up. Oil and gas companies have traditionally protected the composition of these proprietary liquids through state-level trade secret laws. Opponents of hydraulic fracturing have argued for federal regulation of the process and claimed that trade secret protection is simply a way for oil and gas companies to withhold the identity of the chemicals used. Oil and gas companies are at risk of losing the economic …