Law Commons^™

Slides: Oil Shale Water Needs, State Water Planning And The Colorado River Compact, Daniel R. Birch

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Daniel R. Birch, Deputy General Manager & Chief Engineer, Colorado River District

17 slides

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

Slides: Water For Oil (Shale)?, Bart Miller

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Bart Miller, Water Program Director, Western Resource Advocates

10 slides

Slides: Costs And Benefits Of Development: An Industry Perspective, Glenn Vawter

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Glenn Vawter, Executive Director, National Oil Shale Association

12 slides

Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder

35 slides

Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center

The Promise and Peril of Oil Shale Development (February 5)

The largest known oil shale deposits in the world are in the Green River Formation, which covers portions of Colorado, Utah, and Wyoming. Fully one-half of the world’s oil shale lies within 150 miles of Grand Junction, Colorado, and about 80% of these reserves are on federal land. Estimates of recoverable reserves in the Green River Formation range from 500 billion to 1.53 trillion barrels. At present consumption rates, this is enough oil to satisfy 100% of U.S. demand for well over 100 years.

Development of oil shale could cause significant impacts on the Colorado Plateau. It would provide for …

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

The Promise and Peril of Oil Shale Development (February 5)

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

Slides: The Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Alan K. Burnham, Chief Technology Officer, American Shale Oil, LLC

10 slides

Slides: Energy Development Water Needs Assessment And Water Supply Alternatives And Analysis, Benjamin Harding

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Benjamin Harding, Principal Engineer, AMEC Earth and Environmental

15 slides

Slides: Promise Or Peril: Shale Oil, Energy, And The Region, Chase Huntley

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Chase Huntley, Policy Adviser for Energy & Climate Change, The Wilderness Society

8 slides

Slides: The Peril Of Energy Usage, Mike Tupper

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.

9 slides

Slides: The Elusive Bonanza, Randy Udall

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Randy Udall, Co-founder, Association for the Study of Peak Oil-USA

62 slides

The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe

Criminal Justice Faculty Publications

The New York City Police Department (NYPD) has made enforcement of laws against disorder and quality-of-life offenses a central part of its policing strategy. Concomitantly, New York City (NYC) experienced a renaissance in orderliness, cleanliness, tourism, real estate value, and crime reduction, although other problems such as poverty, unemployment, drug abuse, racial tensions, and homelessness persist. This paper examines quality-of-life policing practices in NYC, describes the philosophical underpinnings, explores the critical response to the program, and presents lessons of potential relevance to other policing organizations in the USA and around the world.

Appeal No. 0815: Bass Energy, Inc. V. Division Of Oil & Gas Resources Management And Duck Creek Energy, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-29 (Beta Drive Unit #1 Well)

The Insurance Industry's Antitrust Immunity, Herbert J. Hovenkamp

All Faculty Scholarship

The 1945 McCarran-Ferguson Act provides that federal legislation generally, including the antitrust laws, is “applicable to the business of insurance [only] to the extent that such business is not regulated by State law.” The statute was enacted after United States v. South Eastern Underwriters Assn. (1944), held that insurance transactions were “interstate commerce” and thus subject to the antitrust laws. That case had in turn undermined the traditional view expressed in Paul v. Virginia (1868), that insurance was not interstate commerce, but strictly local transactions. The South Eastern case followed in turn upon the Supreme Court's decision in Wickard v. …

New Options For State Indirect Purchaser Legislation: Protecting The Real Victims Of Antitrust Violations, Robert H. Lande

All Faculty Scholarship

In Illinois Brick v. Illinois Co., the Supreme Court held that, under federal antitrust law, only direct purchasers have standing to sue antitrust violators for damages. Since most products travel through one or more intermediaries before reaching consumers, this decision left most true victims of illegal cartels and other antitrust violations without a remedy to compensate them. Illinois Brick Co. also had the effect of undermining the objective of optimal deterrence of antitrust violations-because direct purchasers often have a suboptimal incentive to sue, the Court's decision often allows violators to escape paying significant damages. For this reason firms are insufficiently …

The High Cost Of Free Speech: Anti-Solicitation Ordinances, Day Laborers And The Impact Of 'Backdoor' Local Immigration Regulations, Kristina M. Campbell

Journal Articles

This paper examines how local efforts to regulate the activities of immigrants, while not regulation of immigration per se, can have a substantial and detrimental effect on the civil rights of immigrants and Latinos. The paper discuss how day laborers - individuals, mostly Latino men, who seek short-term employment in public fora - are routinely targeted by state and local governments, federal immigration authorities, anti-immigrant activists, and the general public as a symbol of the employment of unauthorized aliens. Even though many day laborers are lawfully present, or have authorization to work in the United States, due to the high-profile …

Null Preemption, Jonathan R. Nash

Faculty Articles

This Article proceeds as follows. In Part I, I introduce the concept of null preemption. I discuss in greater detail the case of regulation of motor vehicle tailpipe greenhouse-gas emissions as a case study of null preemption. In Part II, I explore the contours of null preemption, and then describe, and distinguish among, several paradigmatic settings in which null preemption may arise.

In Part III, I consider the normative case for null preemption. I conclude that the case is narrow. I also consider concerns of institutional choice and argue that even those who generally defend agency preemption of state law …

The Irrepressible Influence Of Byrd, Richard D. Freer, Thomas Arthur

Faculty Articles

We set forth four interrelated theses in this article. First, Byrd is the only Supreme Court case since Erie itself to discuss all three of the core interests balanced, expressly or not, in every vertical choice of law case. Second, because Hanna's "twin aims" test ignores two of these three core interests, it cannot adequately serve as the standard for cases under the Rules of Decision Act ("RDA"). This fact is evidenced by the Court's eschewing the twin aims test in cases, like Gasperini, where state and federal interests must be accommodated. Third, as all three opinions in …

Demographic Diversity Of State Courts, 2009, Sylvia R. Lazos

Boyd Briefs / Road Scholars

No abstract provided.

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

Law Faculty Publications

No abstract provided.

Curbing Energy Sprawl With Microgrids, Sara Bronin

Faculty Articles and Papers

Energy sprawl - the phenomenon of ever-increasing consumption of land, particularly in rural areas, required to site energy generation facilities - is a real and growing problem. Over the next twenty years, at least sixty-seven million acres of land will have been developed for energy projects, destroying wildlife habitats and fragmenting landscapes. According to one influential report, even renewable energy projects - especially large-scale projects that require large-scale transmission and distribution infrastructure - contribute to energy sprawl. This Article does not aim to stop large-scale renewable energy projects or even argue that policymakers focus solely on land use in determining …

Enact Locally, Mary Whisner

Librarians' Articles

Legal researchers often forget about municipal ordinances when looking for governing authority. Ms. Whisner discusses the wide range of topics that can be covered by local law, and encourages law librarians to think about it both when researching and when teaching the process of legal research

State Secrets & Executive Accountability, Christina E. Wells

Faculty Publications

This essay, part of a symposium on executive power, examines use of the state secrets privilege in the Obama administration. Specifically, it views the Obama administration’s approach to the state secrets privilege through the lens of “explanatory accountability” – i.e., the notion that executive officials must explain and justify their decisions or face negative consequences.Although President Obama entered office criticizing the Bush administration’s overly broad assertions of the state secrets privilege, Obama officials nevertheless continued the Bush administration’s actions in various lawsuits. In response to sharp criticism, however, the Obama administration eventually revealed a new policy promising greater accountability and …

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith J. Bybee, Heather Pincock

College of Law - Faculty Scholarship

Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side” perspective. Focusing on the state’s efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state’s services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue that state …

From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …

Erie And Federal Criminal Courts, Wayne A. Logan

Scholarly Publications

Today, low-level state and local criminal laws figure critically in federal prosecutions, serving as the initial bases for police seizures that yield evidence leading to more serious federal charges (usually involving drugs or firearms). While police resort to such laws as pretexts to stop and arrest individuals has been frequently addressed, this article provides the first analysis of how federal courts actually interpret and apply the laws. In doing so, the article reveals a surprising reality, long dismissed as a doctrinal impossibility: federal judicial use of the analytic framework of Erie v. Tompkins to resolve criminal cases.

As the article …

Uniform Law Commission: Group Adds 6 Acts For Montana To Consider, E. Edwin Eck

Faculty Journal Articles & Other Writings

This article reports on uniform acts proposed by the Uniform Law Commission at its annual meeting during the summer of 2010. The article then describes the qualifications required to serve as a Montana Uniform Law commissioner and how they are appointed. Next, the article explains the procedures for proposing new uniform acts. The article also reviews six specified acts that Montana's commissions identified as important for consideration: 1) Uniform Military & Overseas Voters Act; 2) Revised Uniform Limited Partnership Act; 3) Revised Uniform Limited Liability Company Act; 4) Revised Uniform Principal & Income Act; 5) Uniform Collateral Consequences of Conviction …

Renewable Energy And The Neighbors, Troy A. Rule

Faculty Publications

Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …