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State and Local Government Law

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Full-Text Articles in Law

The Economics Of American Higher Education In The New Gilded Age, Paul Campos Jan 2018

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Articles

No abstract provided.


The One Percent Solution: How Corporations Are Remaking America One State At A Time, Gordon Lafer Jan 2017

The One Percent Solution: How Corporations Are Remaking America One State At A Time, Gordon Lafer

Book Samples

[Excerpt] In January 2015, Tennessee’s Republican governor, Bill Haslam, unveiled a proposal to expand his state’s Medicaid program to provide health insurance to two hundred thousand low-income residents. At the time, Haslam was at the peak of his power: he had just won reelection with 70 percent of the vote and had been named to head the Republican Governors Association. Haslam insisted that his plan was “not Obamacare”; indeed, he had gained concessions from the Obama administration allowing him to write conservative requirements into the program. His Republican colleagues—who controlled both houses of the legislature—supported his ...


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa Jan 2017

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Faculty Scholarship

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and ...


Slides: Flpma In Its Historical Context, John D. Leshy Oct 2016

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm


Comments On Public Lands: Title Transfer Proposals, Chuck Howe Oct 2015

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.


Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer Jun 2015

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides


Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash Apr 2015

Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash

Faculty Publications

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of ...


Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


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 Jul 2013

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 ...


Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond Jun 2013

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


Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young Jan 2013

Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young

Faculty Scholarship

No abstract provided.


Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill Jun 2011

Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

1 page.

"March 2008"

Material submitted by Les Lampe, Colorado River Water Consultants, for "Augmentation Options" program, Session 3: Mapping a New Course, Panel F: Some Policy Options and Solutions.

Colorado River Water Consultants is a project-specific partnership of engineering firms Black & Veatch and CH2MHill.


Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten Jun 2011

Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Steven M. Fitten, Chief Counsel, International Boundary and Water Commission (IBWC)

14 slides


Property In Law: Government Rights In Legal Innovations, Stephen Clowney Jan 2011

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or ...


Slides: Shale Drilling And Completions, William Fleckenstein Nov 2010

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides


Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak Feb 2010

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


Introductory Note To The United States Supreme Court: Graham V. Florida & The Federal Court Of Australia: Habib V. Australia, Chris Jenks Jan 2010

Introductory Note To The United States Supreme Court: Graham V. Florida & The Federal Court Of Australia: Habib V. Australia, Chris Jenks

Faculty Scholarship

This introductory note considers two different and completely unrelated cases: Graham, a U.S. Supreme Court criminal case on the cruel and unusual punishment clause of the U.S. Constitution and Habib, an Australian civil case involving a former Guantanamo Bay detainee. This note focuses on one aspect of the disparate nature of the cases, starkly contrasting judicial attitudes towards the role of “foreign law” in domestic jurisprudence. Juxtaposed, the two cases offer an interesting view of not only the obvious differences between the U.S. inward and the Australian outward looking judicial philosophies, but perhaps a broader sense of ...


Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt Jun 2009

Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO

26 slides


Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs Jun 2009

Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona

37 slides


Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy Jun 2009

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides


Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott Jun 2008

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides


Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson Jun 2008

Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jonathan Thompson, Editor, High Country News

23 slides


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle Jun 2007

Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation

58 slides


Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr. Jun 2007

Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law

77 slides


The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle Jun 2007

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"John Nagle, Univ. of Notre Dame Law School" -- Agenda


Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis Jun 2007

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides


The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass Jun 2007

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"


Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon Jun 2007

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references


Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle Jun 2007

Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"