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Articles 1 - 6 of 6
Full-Text Articles in Law
Delegation And Time, Jonathan H. Adler, Christopher J. Walker
Delegation And Time, Jonathan H. Adler, Christopher J. Walker
Faculty Publications
Most concerns about delegation are put in terms of the handover of legislative power to federal agencies and the magnitude of the legislative policy decisions made by such agencies. Likewise, most reform proposals, such as the Congressional Review Act and the proposed REINS Act, address these gap-filling, democratic-deficit concerns. The same is true of the judicially created non-delegation canons, such as the major questions doctrine and other clear-statement rules. This Article addresses a different, under-explored dimension of the delegation problem: the temporal complications of congressional delegation. In other words, broad congressional delegations of authority at one time period become a …
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig
Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig
Utah Law Faculty Scholarship
The National Flood Insurance Program (NFIP) has become a coastal hurricane insurance program—a fact that is bankrupting it. As a result of climate change, the ocean surrounding the United States is both rising and becoming warmer, and hurricanes and other coastal storms are projected to become both more frequent and more destructive. While no particular hurricane can yet be blamed exclusively on climate change, these projections nevertheless have real implications for the future of the NFIP.
In 2017, Congress was gearing up to reauthorize the NFIP just as the United States entered its worst hurricane season in over a decade. …
Nclb Waivers, Misty Newcomb, Gary W. Ritter
Nclb Waivers, Misty Newcomb, Gary W. Ritter
Policy Briefs
No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.
How Idea Fails Families Without Means_ Causes And Corrections Fro.Pdf, Dean Rivkin, Elisa Hyman, Stephen Rosenbaum
How Idea Fails Families Without Means_ Causes And Corrections Fro.Pdf, Dean Rivkin, Elisa Hyman, Stephen Rosenbaum
College of Law Faculty Scholarship
The struggle for equal educational opportunity for students with disabilities whose families have few resources is waged daily within the framework of the Individuals with Disabilities Education Act (IDEA), a complex entitlement statute. Unlike the progress made under the IDEA for their wealthier peers, low-income children are not reaping the educational benefits that effective advocacy has achieved for students with disabilities who can afford determined, skilled and knowledgeable experts to navigate the highly technical mandates of the law. But in the current landscape of retrenchment, the more "smart" corrections that advocates and lawyers can formulate, the greater the likelihood that …
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education Lawyering, Dean Rivkin
Scholarly Works
The struggle for equal educational opportunity for students with disabilities whose families have few resources is waged daily within the framework of the Individuals with Disabilities Education Act (IDEA), a complex entitlement statute. Unlike the progress made under the IDEA for their wealthier peers, low-income children are not reaping the educational benefits that effective advocacy has achieved for students with disabilities who can afford determined, skilled and knowledgeable experts to navigate the highly technical mandates of the law. But in the current landscape of retrenchment, the more "smart" corrections that advocates and lawyers can formulate, the greater the likelihood that …
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Endangered Species Act Congressional Field Tour (August 17-19)
The Center sponsored its third annual field tour for staff members of the United States Congress, the United States Environmental Protection Agency, and the Colorado state legislature.