Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (62)
- Singapore Management University (50)
- University of Colorado Law School (43)
- Georgetown University Law Center (42)
- University of Massachusetts Boston (24)
-
- Duke Law (14)
- University of Nebraska - Lincoln (14)
- University of Pittsburgh School of Law (13)
- William & Mary Law School (12)
- University at Buffalo School of Law (9)
- University of Arkansas, Fayetteville (9)
- Columbia Law School (8)
- University of Nevada, Las Vegas (8)
- Washington University in St. Louis (8)
- Maurer School of Law: Indiana University (7)
- Cornell University Law School (6)
- The University of Maine (6)
- University of New Hampshire (6)
- City University of New York (CUNY) (4)
- Embry-Riddle Aeronautical University (4)
- Montclair State University (4)
- University of Georgia School of Law (4)
- University of Southern Maine (4)
- Virginia Commonwealth University (4)
- Wayne State University (4)
- Western University (4)
- Chicago-Kent College of Law (3)
- Cleveland State University (3)
- Eastern Michigan University (3)
- Liberty University (3)
- Keyword
-
- Fracing (15)
- Fracking (15)
- Hydraulic fracturing (15)
- Copyright (14)
- Colorado (13)
-
- Supreme Court (10)
- Children (9)
- Oil and gas development (9)
- Women (9)
- Antitrust (8)
- Colorado Oil and Gas Conservation Commission (8)
- EPA (8)
- Singapore (8)
- United States (8)
- Affordable Care Act (7)
- COGCC (7)
- Cooking (7)
- Economics (7)
- Environmental Protection Agency (7)
- Litigation (7)
- Massachusetts (7)
- Politics (7)
- Poverty (7)
- Crime (6)
- Dispute resolution (6)
- Gender (6)
- Law (6)
- Privacy (6)
- Regulations (6)
- Water (6)
- Publication
-
- All Faculty Scholarship (66)
- Research Collection Yong Pung How School Of Law (44)
- Georgetown Law Faculty Publications and Other Works (36)
- Faculty Scholarship (31)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (13)
-
- Articles (12)
- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (11)
- Library Staff Publications (9)
- Office of Community Partnerships Posters (9)
- Policy Briefs (8)
- Scholarship@WashULaw (8)
- Articles by Maurer Faculty (7)
- Journal Articles (6)
- Law Faculty Scholarship (6)
- Air Quality Impacts from Oil and Gas Development (January 27) (5)
- Bureau of Labor Education (5)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (5)
- Copyright, Fair Use, Scholarly Communication, etc. (4)
- Cornell Law Faculty Publications (4)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- L. Douglas Wilder School of Government and Public Affairs Publications (4)
- Library Scholarly Publications (4)
- Scholarly Works (4)
- Book Chapters (3)
- Brookings Scholar Lecture Series (3)
- Center for Social Policy Publications (3)
- Data Note Series, Institute for Community Inclusion (3)
- FIMS Publications (3)
- Faculty Papers & Publications (3)
- Gerontology Institute Publications (3)
Articles 1 - 30 of 451
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 …
Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp
Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp
All Faculty Scholarship
Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.
Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.
Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …
San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology
San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology
Copyright, Fair Use, Scholarly Communication, etc.
There is a pressing need to improve the ways in which the output of scientific research is evaluated by funding agencies, academic institutions, and other parties.To address this issue, a group of editors and publishers of scholarly journals met during the Annual Meeting of The American Society for Cell Biology (ASCB) in San Francisco, CA, on December 16, 2012. The group developed a set of recommendations, referred to as the San Francisco Declaration on Research Assessment. We invite interested parties across all scientific disciplines to indicate their support by adding their names to this Declaration. The outputs from scientific research …
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.
From Oxford To Williamsburg, Ruth Bird, James S. Heller
From Oxford To Williamsburg, Ruth Bird, James S. Heller
Library Staff Publications
No abstract provided.
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Research Collection Yong Pung How School Of Law
It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same …
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …
Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein
Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein
All Institute for Community Inclusion Publications
One of the myriad of issues affecting the administration of the vocational rehabilitation (VR) program by State VR agencies under Title I of the Rehabilitation Act is how to maximize access to and use of all available funding sources to pay for VR services and supports for VR applicants and clients. In March 2010, Congress passed and the President signed into law the "Affordable Care Act" (ACA). 1 On June 28, 2012, the United States Supreme Court upheld all of the provisions of the ACA, with the exception of provisions mandating Medicaid expansion. The Supreme Court held that if a …
The Striking Success Of The National Labor Relations Act, Michael L. Wachter
The Striking Success Of The National Labor Relations Act, Michael L. Wachter
All Faculty Scholarship
Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.
Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over 2,000 …
Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter
Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter
All Faculty Scholarship
Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.
One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through procedural and substantive …
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Faculty Scholarship
The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the purpose of the Mediation Ordinance (MO) passed in June 2012 by the Hong Kong Legislative Council is discussed.
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
Research Collection Yong Pung How School Of Law
Several recent studies have discussed the ramifications of the China – Raw Materials case for China's rare earths. However, none of these studies has conducted a thorough investigation of China's current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China's export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favourable WTO ruling. However, if General Agreement …
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.
The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …
Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino
Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Gene Florentino, PG, Walsh Environmental Scientists and Engineers
14 slides
Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger
Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenters: Kathryn Mutz and Josh Kruger, Natural Resources Law Center, University of Colorado Law School
7 slides
Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams
Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Mark Williams, University of Colorado Boulder
14 slides
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides
Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center
Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
1 page.
"For Further Information" (URLs):
COGCC
Rules and Proposed Rules from Other Jurisdictions
Sampling Protocols
Impacts
Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez
Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Christopher J. Sanchez, P.G., BBA Water Consultants, Bishop-Brogden Associates, Inc.
28 slides
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Andrew Ross, Colorado Department of Public Health and Environment
22 slides
Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission
Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado Law School
16 slides
Slides: Research On Ground Water Monitoring, Matt Samelson
Slides: Research On Ground Water Monitoring, Matt Samelson
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation
12 slides
Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center
Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
This workshop is cosponsored by the Intermountain Oil and Gas BMP Project and the Colorado Water and Energy Research Center, with financial support from the Environmentally Friendly Drilling Project and the CU-Boulder Outreach Committee.
The Colorado Oil and Gas Conservation Commission (COGCC) recently initiated a rule making process to develop new, statewide regulations for baseline sampling and monitoring of groundwater near new oil and gas wells. COGCC’s first rule making hearing was held November 14; the rule is expected to be finalized December 10. This workshop will discuss oil and gas development procedures that can impact groundwater, the current rules …
Slides: What Went Wrong At Divide Creek?, Matthew Sura
Slides: What Went Wrong At Divide Creek?, Matthew Sura
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Attorney Matthew Sura, Former Director of Western Colorado Congress, graduate of University of Colorado Law School; attorney specializing in representation of landowners and mineral owners in oil and gas transactions and disputes
17 slides
Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp
Competition And Innovation In Copyright And The Dmca, Herbert J. Hovenkamp
All Faculty Scholarship
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It differs from IP/antitrust casebooks in that it considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters …