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Articles 31 - 60 of 228
Full-Text Articles in Law
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
Nebraska State Constitution
No abstract provided.
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …
Arkansas's Tradition Of Popular Constitutional Activism And The Ascendancy Of The Arkansas Supreme Court, Jerald A. Sharum
Arkansas's Tradition Of Popular Constitutional Activism And The Ascendancy Of The Arkansas Supreme Court, Jerald A. Sharum
University of Arkansas at Little Rock Law Review
No abstract provided.
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
All Faculty Scholarship
The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The …
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
William & Mary Environmental Law and Policy Review
This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts.1 Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power.2 Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide ("C02") reduction can be achieved. After making some background points, this article describes …
Introduction: The Sustainability Principle, Irma S. Russell
Introduction: The Sustainability Principle, Irma S. Russell
Faculty Works
No abstract provided.
State Finance In Times Of Crisis, Brian Galle, Jonathan Klick
State Finance In Times Of Crisis, Brian Galle, Jonathan Klick
All Faculty Scholarship
As recent events illustrate, state finances are pro-cyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well-known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policy makers should consider so-called “automatic” stabilizers, such as are found in the federal tax …
Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster
Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster
Other Scholarship
No abstract provided.
Appeal No. 0812: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And D & L Energy, Inc., Ohio Oil & Gas Commission
Appeal No. 0812: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And D & L Energy, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Decision Granting Permit (D&L Energy, Inc.)
Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.
Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.
Donna M. Hughes
Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson
Achieving The Purpose Of Ipa- A Case Of Hit And Miss, Tammy Johnson
Tammy Johnson
Extract: The introduction of the Integrated Planning Act 1997 (Qld) ('IPA') saw planning law in Queensland implement extensive reform measures. The catch-cry for IPA was 'integration'. IPA looked to provide a completely integrated development assessment system ('IDAS'). This system sought to combat the inefficiencies experienced under the previous Local Government (Planning and Environment) Act 1990 (Qld). * Town Planning legislation in Queensland had its roots in the 1930s and until IPA the fundamental nature of the legislation had remained virtually unchanged. In its second reading speech to Parliament on 30 October 1997 * Hon. D.E. McCauley touted IPA as 'state-of-the-art …
Updates From Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.
Updates From Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson
The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson
Faculty Scholarship
No abstract provided.
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla Mari Mckanders
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla Mari Mckanders
University of Arkansas at Little Rock Law Review
No abstract provided.
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson
University of Michigan Journal of Law Reform
Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …
States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …
Managing Agricultural Water Use During Drought: An Analysis Of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, Douglas Wilson
Managing Agricultural Water Use During Drought: An Analysis Of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, Douglas Wilson
Faculty Scholarship
No abstract provided.
Appeal No. 0800: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0800: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2008-55
Appeal No. 0811: Lawrence & Shalynew Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission
Appeal No. 0811: Lawrence & Shalynew Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2008-91 (Everflow Eastern Partners, L.P.)
Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.
Action Alert For Senate: Comments On Human Trafficking Bills, Donna M. Hughes Dr.
Donna M. Hughes
Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.
Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.
Donna M. Hughes
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Craig Bell, Western Water States Council, Midvale, Utah
9 slides
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona
24 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO
28 slides