Law Commons^™

Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall

Scholarly Works

Unless the plaintiff has a personal stake in the outcome, Article III of the United States Constitution requires federal courts to dismiss a plaintiff’s claim for lack of standing. That much is clearly established by decades of precedent. Less understood, however, is the degree to which Article III also requires defendants to possess a personal stake. The significance of defendant standing often goes unnoticed in case law and scholarship, because the standing of the defendant in most lawsuits is readily apparent:any defendant against whom the plaintiff seeks a remedy has a personal interest in defending against the plaintiff’s claim.

But …

Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.

Law Student Publications

This comment's focus is to convincingly demonstrate that neither the General Assembly's Health Care Freedom Act nor the Commonwealth's constitutional challenge to the minimum essential coverage provision were exercises of nullification. Part II of this comment relates a brief history of the ACA's passage alongside the Virginia Health Care Freedom Act's enactment and the Attorney General of Virginia Ken Cuccinelli's suit against Secretary of Health and Human Services Kathleen Sebelius. Part III defines nullification and further explains it through the historical instances when Virginia has considered the doctrine. Part IV demonstrates that-far from nullifying the minimum essential coverage provision-Virginia has …

Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-21 (Frick #2 & #6, Menzie #1, Carrel #2 Unit)

Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-18; (Beck Energy, Inc.; Bechter #1 Well)

Waiving Innocence, Samuel R. Wiseman

Scholarly Publications

No abstract provided.

Report Relative To The Land Use, Permitting, And Health (“Second Floor”) Operations Of The Town Of Hanson, Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Town of Hanson retained UMass Boston’s Edward J. Collins, Jr. Center for Public Management to perform an assessment of ways to increase efficiency and effectiveness within the Town government. This report addresses the “second floor” departments, which include: Building Inspections (along with wiring, plumbing, etc.), Conservation, Health, Planning, and Zoning.

While the first floor departments are doing the work to keep Hanson functioning today, the second floor departments are doing the work to keep Hanson strong tomorrow, protecting the resources of the Town for the future. “Resources” should be taken in the broadest sense of the term, which would …

Report Relative To The Finance And Administration (“First Floor”) Operations Of The Town Of Hanson, Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

As with almost all Massachusetts municipalities, the Town of Hanson has faced several fiscally challenging years and is likely to continue facing fiscal challenges for the foreseeable future. This has led to a situation of interconnected operational, budget, personnel, and morale challenges. Despite these, there is definitely a sense that the Town is, at least in some areas, starting to move in the right direction. The Town retained the Collins Center to perform an analysis of operations that includes recommendations for ways to increase efficiency and effectiveness, as well as additional recommendations that may improve Town operations or service delivery. …

Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson

Scholarly Works

This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides

Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.

19 slides

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

Appeal No. 0838: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Chesapeake Exploration, LLC

Slides: Natural Gas: Game Changer Or Runner Left On Base? Working To Get It Right In Co!, Gary Graham

Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)

Presenter: Dr. Gary Graham, Director, Lands Program, Western Resource Advocates

21 slides

Slides: Jisea Natural Gas Study: Potential U.S. Electric Power Futures, Jeffrey Logan

Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)

Presenter: Jeffrey Logan, Denver Museum of Nature and Science

4 slides

Slides: Drawing The Blueprint For A Sustainable Natural Gas Future, Mark K. Boling

Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)

Presenter: Mark. K. Boling, Executive Vice-President and General Counsel, Southwestern Energy

23 slides

Slides: Current And Proposed Research Activities Addressing Health, Environmental, Economic, And Political Issues Related To Natural Gas Development, University Of Colorado. School Of Public Health. Department Of Environmental And Occupational Health

Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)

Presenter: Department of Environmental and Occupational Health, University of Colorado School of Public Health

20 slides

Agenda: Drawing The Blueprint For A Sustainable Natural Gas Future, University Of Colorado At Denver. Wirth Chair In Environmental And Community Development Policy, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project

Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)

A stakeholder-led forum discussing the key topics affecting natural gas as a safe and sustainable energy resource. Participants learned about the current research and related resources at Colorado’s three research universities and participated in designing future research needs.

Fifty More Constitutions, Mary Whisner

Librarians' Articles

The U.S. Constitution may get all the attention, but as Ms. Whisner points out, state constitutional law is also important to legal researchers. Unfortunately, the sources for researching state constitutions are more limited and difficult to find. She describes a web site created by the Gallagher Law Library at the University of Washington School of Law that makes available sources of Washington State constitutional history.

Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap

Faculty Publications

Lawyers - we love to hate them until we need one. The good news that, in certain critical situations, lawyers are available. They are a constitutional entitlement for the criminally accused. They can be retained on a contingency fee basis in certain kinds of cases. Legal services may be available through a work-based pre-paid plan. And, if you have lots of money, legal services are, of course, readily procurable. That's the stuff of legal "dream teams".

The Case For Local Constitutional Enforcement, Kathleen Morris

Publications

This Article calls for the overruling of the central rule in Hunter v. City of Pittsburgh (1907) on Erie grounds. Hunter announced as a matter of federal law that local governments are powerless instrumentalities of state governments. Legal scholars have criticized Hunter for exacerbating the doctrinal and practical problems that plague local government law. This Article goes further by challenging Hunter directly. It argues first that Erie v. Tompkins (1938), properly read, effectively overruled the central rule in Hunter. Second, it argues that we should not mourn the loss of that rule because its analytic support structures are historically, …

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

Faculty Working Papers

This article makes an originalist argument in defense of the Supreme Court's holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi's work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …

Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay, Aaron J. Saiger

Faculty Scholarship

In Five Miles Away, A World Apart, James E. Ryan concludes that the educational reforms of the hour, school accountability and school choice, will exacerbate rather than undermine the systematic educational advantages enjoyed by wealthier Americans. Paul Peterson, in his Saving Schools, argues that increasingly centralizing American schools have become sufficiently centralized that, as a labor-intensive industry, few productivity gains are available from governance reform, even as demand escalates for the customization of education to individual needs. Both volumes therefore pin their hopes for change upon political geography-the relationship between people and educational institutions in space. Ryan argues that changing …

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin

Faculty Scholarship

Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …

Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort

Articles

Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …

Drinking Water And Exclusion: A Case Study From California’S Central Valley, Camille Pannu

Faculty Scholarship

The American West is notorious for its water wars, and California’s complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California’s water woes as a regulatory problem — a failure to balance the needs of growing urban populations with ecological preservation and agricultural irrigation. These debates, however, often elide the issue of water deprivation, and they do not adequately address the concerns of an important constituency: low-income, rural communities.

This Comment argues that a focus on regulation misses a fundamental feature of water inequality: the …

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

Law Faculty Articles and Research

No abstract provided.

Broadband Localism, Olivier Sylvain

Faculty Scholarship

Today, local governments are supplying broadband service to residents to fill the service gap left by major providers. Municipalities are joining forces with local anchor institutions and private providers to close the digital divide and incubate novel public-minded service models. This is the new broadband localism. Some stakeholders fear that local public participation in the broadband market will negatively impact competition. They have articulated this concern in state legislation across the country: nineteen states forbid or otherwise restrict municipal ownership or administration of broadband and three may enact similar restrictions this year. No matter the substantive policy merits of such …