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Articles 1 - 30 of 37
Full-Text Articles in Law
Presidents, Preemption, And The States, Michele E. Gilman
Presidents, Preemption, And The States, Michele E. Gilman
All Faculty Scholarship
Early in his administration, President Obama issued a memorandum about preemption that ordered federal agencies to fully consider state interests before preempting state laws. The Obama memorandum was a rebuke to the Bush Administration, which had regularly inserted preemption provisions into federal regulations in areas affecting health, consumer safety, and the environment. As a result of preemption, state laws could not be more protective than federal standards, and corporations were spared state tort lawsuits and state regulatory regimes. Preemption not only tends to pit corporate interests against the public welfare, but it can also undermine federalism. There is currently a …
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
Scholarly Works
References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.
But what does it really …
Slides: Costs And Benefits Of Oil Shale Development, James T. Bartis
Slides: Costs And Benefits Of Oil Shale Development, James T. Bartis
The Promise and Peril of Oil Shale Development (February 5)
Presenter: James T. Bartis, Senior Policy Researcher, Rand Corporation
21 slides
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
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
Agenda: The Promise And Peril Of Oil Shale Development, University Of Colorado Boulder. Natural Resources Law Center
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: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak
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: Promise Or Peril: Shale Oil, Energy, And The Region, Chase Huntley
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
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: Energy Development Water Needs Assessment And Water Supply Alternatives And Analysis, Benjamin Harding
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: Oil Shale Water Needs, State Water Planning And The Colorado River Compact, Daniel R. Birch
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: Costs And Benefits Of Development: An Industry Perspective, Glenn Vawter
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 Logistics And Energy Needs Of Oil Shale Extraction, Alan K. Burnham
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: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
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
Slides: The Elusive Bonanza, Randy Udall
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
Slides: Water For Oil (Shale)?, Bart Miller
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
Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
All Faculty Scholarship
Recent controversy over the unitary executive may be part of what Steven Calabresi and Christopher Yoo have called the “oldest debate in constitutional law.” Yet in this essay, I ask whether this debate is as much legal as it is political. Focusing on the Environmental Protection Agency’s decision to grant California a waiver from national automobile emissions standards, I contrast the divergent reactions to presidential influence under President Bush and President Obama. In both administrations the EPA faced clear presidential pressure, but critics of President Bush’s involvement generally applauded the actions taken by President Obama. The main difference appears to …
The Making Of The Attorney General: John Mitchell And The Crimes Of Watergate Reconsidered, Gerald Caplan
The Making Of The Attorney General: John Mitchell And The Crimes Of Watergate Reconsidered, Gerald Caplan
McGeorge School of Law Scholarly Articles
No abstract provided.
Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell
Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell
Journal Articles
The first decade of the twenty-first century has been grim for immigrants to the United States—both legal and undocumented—and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a patchwork of local ordinances, statutes, and ballot initiatives ostensibly designed to do what the federal government had failed to do—regulate the flow of immigration into their cities and towns. As the economy continues to spiral downward into what may very well be the next Great …
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
State Secrets & Executive Accountability, Christina E. Wells
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 …
Legalism And Decisionism In Crisis, Noa Ben-Asher
Legalism And Decisionism In Crisis, Noa Ben-Asher
Faculty Publications
In the years since September 11, 2001, scholars have advocated two main positions on the role of law and the proper balance of powers among the branches of government in emergencies. This Article critiques these two approaches-which could be called Legalism and Decisionism-and offers a third way. Debates between Legalism and Decisionism turn on (1) whether emergencies can be governed by prescribed legal norms; and (2) what the balance of powers among the three branches of government should be in emergencies. Under the Legalist approach, legal norms can and should guide governmental response to emergencies, and the executive branch is …
Preserving A Political Bargain: The Political Economy Of The Non-Interventionist Challenge To Monopolization Enforcement, Jonathan Baker
Preserving A Political Bargain: The Political Economy Of The Non-Interventionist Challenge To Monopolization Enforcement, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
The antitrust rules governing exclusionary conduct by dominant firms are among the most controversial in U.S. competition policy. During the first decade of the twenty-first century, they were debated in three arenas, involving legal policy, economic policy, and politics. In each arena, the dispute mainly arose as criticism of traditional standards by advocates of less intervention. Viewed through a political economy lens, the controversy can be understood as a potential challenge to an informal political bargain reached during the 1940s by which competition was adopted as national economic policy in preference to regulation or laissez-faire. From this perspective, and applying …
Placing Your Faith In The Constitution, Harold H. Bruff
Placing Your Faith In The Constitution, Harold H. Bruff
Publications
No abstract provided.
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Eric Talbot Jensen, Chris Jenks
All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Eric Talbot Jensen, Chris Jenks
Faculty Journal Articles and Book Chapters
On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq.
This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …
Response To Akhil Reed Amar's Address On Applications And Implications Of The Twenty-Fifth Amendment, John D. Feerick
Response To Akhil Reed Amar's Address On Applications And Implications Of The Twenty-Fifth Amendment, John D. Feerick
Faculty Scholarship
Life has taught those of us who have lived as long as I have that the seemingly impossible can happen and that we must be prepared to deal with the unimaginable on a moment's notice. In October 1963, I wrote an article for the Fordham Law Review in which I contemplated the need for such preparations should the unimaginable indeed strike: "The problem of presidential inability has now been generally forgotten by our national legislators as well as by the public. Since we have a young, able and healthy President, all indications are that the issue will remain dormant until …
Climate Change And Institutional Competence, Mark Squillace
Climate Change And Institutional Competence, Mark Squillace
Publications
No abstract provided.
Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo
Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo
All Faculty Scholarship
On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.
Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein
Taking From The Twenty-Fifth Amendment: Lessons In Ensuring Presidential Continuity, Joel K. Goldstein
All Faculty Scholarship
Although some have criticized the Twenty-fifth Amendment to the United States Constitution for leaving gaps in America’s provisions for addressing presidential succession and inability, such complaints are misguided. The Amendment represented a major step forward by providing sensible and workable procedures to remedy some of the most glaring problems the nation faced. Its architects recognized the remaining gaps but realized that advancing a more comprehensive measure would preclude any progress. Nonetheless, remaining gaps present an unacceptable risk that the United States will find itself without a functioning President whose exercise of presidential powers and duties is seen as legitimate. What …
Introduction: The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, William Michael Treanor
Introduction: The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Inevitably, the events of the day dominate the political agenda. The issues of presidential succession have been attended to in our national history only sporadically because, at most times, the question of who succeeds the President in cases of death, resignation, or incapacity does not have immediate relevance: the President is in good health, the presumption is he will serve out the term of his office for which he was elected, and political leaders ignore succession issues as if they were of only theoretical interest. And yet, again and again, succession questions have become of the most immediate consequence in …
Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks
Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks
Faculty Scholarship
Although formal religious tests for federal office are constitutionally prohibited, they have long been fact of political life in presidential elections. John Kennedy remains the only nonProtestant ever elected President. The "Judeo-Christian tradition" notwithstanding, no major party has ever nominated a Jew for president - let alone a Buddhist, Hindu, Mormon, Muslim, or unbeliever.
Against this electoral history, it was perhaps predictable that mainstream Christian commentators would feel free to legitimate religious attacks on Mitt Romney during the Republican presidential primaries on the ground that Mormonism is a "false" religion. Ironically, however, the Mormon church periodically intervenes in initiative and …