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Articles 61 - 90 of 217
Full-Text Articles in Law
The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski
The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski
Publications
For years, the United States has included intellectual property ("IP") law in its free trade agreements. This Article finds that the IP law in recent U.S. free trade agreements differs subtly but significantly from U.S. IP law. These differences are not the result of deliberate government choices, but of the capture of the U.S. trade regime.
A growing number of voices has publicly criticized the lack of transparency and democratic accountability in the trade agreement negotiating process. But legal scholarship largely praises the 'fast track" trade negotiating system. This Article reorients the debate over the trade negotiating process away from …
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal
Publications
This Article examines the puzzle of whether today's Federal Communications Commission ("FCC" or the "Agency") is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC's oversight, the United States' communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today's communications age, whether …
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Publications
On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …
[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg
[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg
Publications
As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of experts, both insiders and outsiders, is that there is rampant overclassfication by government agencies. From its inception in …
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Joe M Stell Ombudsman Program - Taos Settlement Technical Work, Peggy Barroll
Publications
No abstract provided.
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Frameworks For Amending Reservoir Water Management, Ethan Mower, Leandro E. Miranda
Publications
Managing water storage and withdrawals in many reservoirs requires establishing seasonal targets for water levels (i.e., rule curves) that are influenced by regional precipitation and diverse water demands. Rule curves are established as an attempt to balance various water needs such as flood control, irrigation, and environmental benefits such as fish and wildlife management. The processes and challenges associated with amending rule curves to balance multiuse needs are complicated and mostly unfamiliar to non-US Army Corps of Engineers (USACE) natural resource managers and to the public. To inform natural resource managers and the public we describe the policies and process …
A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zachary Carpenter, Gregory Chakalian, Darcy S. Bushnell
A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zachary Carpenter, Gregory Chakalian, Darcy S. Bushnell
Publications
The Utton Center prepared this Water Rights Manual to assist Mutual Domestic Water Consumers Associations (MDWCAs) with the development, protection and management of their water rights.
This manual provides an introduction to and defines Water Rights in New Mexico, as well as to acquire and have recognized Water Rights. This document also covers water management and planning, and provides additional resources.
Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz
Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz
Publications
Title III of the JOBS Act, known as the CROWDFUND Act, authorizes the “crowdfunding” of securities, defined as raising capital online from many investors, each of whom contributes only a small amount. The Act was signed into law in April 2012, and will go into effect once the Securities and Exchange Commission (“SEC”) promulgates rules and regulations to govern the new marketplace for crowdfunded securities. This Essay offers friendly advice to the SEC as to how to exercise its rulemaking authority in a manner that will enable the Act to achieve its goals of creating an ultralow-cost method for raising …
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Publications
No abstract provided.
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Publications
No abstract provided.
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Groundwater In New Mexico, Darcy Bushnell
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Publications
No abstract provided.
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
American Indian Water Right Settlements, Darcy Bushnell
American Indian Water Right Settlements, Darcy Bushnell
Publications
No abstract provided.
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer
Publications
No abstract provided.
Fugitive Emissions: The Marcellus Shale And The Clean Air Act, Joseph Minott, Jonathan Skinner
Fugitive Emissions: The Marcellus Shale And The Clean Air Act, Joseph Minott, Jonathan Skinner
Publications
No abstract provided.
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen
Publications
This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd
Publications
Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of …
Community Growth And Land Use, Susan Kelly
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown
The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown
Publications
No abstract provided.
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
No abstract provided.
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Publications
This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.
Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner
Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner
Publications
Unnecessarily broad preemption ruling under the Energy Policy and Conservation Act discourages other states and municipalities from pursuing innovative, environmentally beneficial policies.
Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding
Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding
Publications
Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …
Water Law In The Western United States, Susan Kelly
Water Law In The Western United States, Susan Kelly
Publications
No abstract provided.