Law Commons^™

Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …

Appeal No. 0850: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-79

Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris

Brookings Scholar Lecture Series

With the U.S. federal government stuck in partisan gridlock, attention increasingly turns to states and localities for innovative climate solutions. This talk will explore the option for Intermountain West states to tax carbon, including how they could establish a tax base, set price signals, and manage revenue. The presentation will pay special attention to the option of “swapping” a carbon tax for revenue sources that more negatively impact economic growth, such as taxes on business activity. This research will explore the advantages and disadvantages of different approaches and consider the issue of the burdens on lower income households and certain …

Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt

All Faculty Scholarship

This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Reflections On The State As Fiduciary, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Can Pensions Be Restructured In (Detroit’S) Municipal Bankruptcy?, David A. Skeel Jr.

All Faculty Scholarship

This paper, which was written as a White Paper for the Federalist Society, describes and assesses the question whether public employee pensions can be restructured in bankruptcy, with a particular focus on Detroit. Part I gives a brief overview both of the treatment of pensions under state law, and of the Michigan law governing the Detroit pensions. Part II explains the legal argument for restructuring an underfunded pension in bankruptcy. Part III considers the major federal constitutional objections to restructuring, Part IV discusses arguments based on the Michigan Constitution, and Part V assesses several Chapter 9 arguments against restructuring. None …

The Latest Red River Rivalry: The Supreme Court's Recent Decision Regarding The Red River Compact, Luke W. Davis, Gabriel Eckstein

Faculty Scholarship

On June 13, 2013, the United States Supreme Court issued a unanimous decision in a “Red River Rivalry” with much greater implications than the annual football game. In Tarrant Regional Water District v. Herrmann, the court sided entirely with Oklahoma in that state’s dispute with Texas over the allocation of Red River water. This decision will have considerable impact on Texas’ ability to meet its ever-growing water needs. Moreover, the decision could be consequential for other interstate water compacts and the states relying on the rivers and tributaries governed by those agreements.

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Agenda: Changing Regulatory Frameworks For Shale Development And "Social License To Operate", University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Changing Regulatory Frameworks for Shale Development and "Social License to Operate" (July 24)

Rapid development of unconventional shale resources in recent years has raised a series of regulatory issues both here and abroad. Because of the "distributed" nature of shale development and the significant increase in wells in key basins, local land-use conflicts have also erupted in certain areas of the country, leading to restrictions and moratoria on drilling by state, county, and municipal governments and raising questions about the industry's continued social license to operate in key jurisdictions. This moderated panel discussion will assess the current regulatory framework governing shale gas development and the changing dynamics among federal, state, and local regulation …

Appeal No. 0840: Adams Oil And Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-50; (S. Austin Well #1; ERP #1)

Appeal No. 0847: D & L Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-03

Appeal No. 0849: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Appeal No. 0848: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 8 slides

Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section

Water, Oil and Gas: Recycling and Reuse of Water (June 11)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

Co-sponsored by: Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Natural Resources & Energy Section of the Colorado Bar Association.

This program is the second in a 3-part series focusing on critical water, oil and gas issues in Colorado. This second program focuses on the technology behind the recycling of produced water and hydraulic back fracturing flowback fluid and the issue of mandatory recycling. It also addresses the legal implications …

Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)

30 slides

Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Michael Dettinger, USGS, Scripps Institution of Oceanography, La Jolla, CA

30 slides

"with contributions from Julio Betancourt, Dan Cayan, & others"

Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute

65 slides

State-Level Government: An Evaluation Of Maine's Conflict Of Interest Laws And Amendments To Improve Transparency Through Financial Disclosure, Shelbe K. Lane

Honors College

In March of 2012, the State Integrity Investigation published a Corruption Risk Report Card for each state, giving them a grade on 14 different areas relating to government transparency. Based on those grades, the states were then ranked 1-50, with 50 being the worst in government transparency; Maine ranked 46th. This report card prompted my thesis which evaluated government transparency at the state level, with a particular focus on Maine. Based on my research I attempted to answer the following questions: What are the current statutes/regulations regarding conflict of interest for legislative and executive branch officials in Maine? What potential …

Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Ohio Valley Energy Systems; Grindley #1 Well

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.

Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2012-22

The Shallows Where Federal Reserve Water Rights Founder: State Court Derogation Of The Winters Doctrine, Sandra B. Zellmer, Justin Huber

Faculty Law Review Articles

No abstract provided.

Rethinking Sustainability To Meet The Climate Change Challenge, Jessica Owley, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, David M. Driesen, Alexandra R. Harrington, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jonathan Rosenbloom

Articles

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …

The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders

Virginia Coastal Policy Center

No abstract provided.

Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning

Virginia Coastal Policy Center

No abstract provided.

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.