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Series

United States

2013

Discipline
Institution
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Articles 1 - 30 of 46

Full-Text Articles in Law

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl Dec 2013

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This ...


Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico Nov 2013

Partial Final Judgment And Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District Court, San Juan County, New Mexico

Native American Water Rights Settlement Project

Partial Final Decree of the Water Rights of the Navajo Nation: Parties: Navajo Nation, NM, New Mexico, USA, United States.

Contents:

1. Jurisdiction, p.2; 2. Reserved Rights to the Use of Water p.2; 3. Reserved Rights for Specified Surface Water Diversions p.2, including a) Navajo Indian Irrigation Project, p.3, b) Navajo-Gallup Water Supply Project, p.3; c) Animas-La Plata Project, p.4; d) Municipal and Domestic Uses, p.4; e) Hogback-Cudei Irrigation Project, p.4; f) Fruitland-Cambridge Irrigation Project p.5; 4. Supplemental Carriage Water, p.6; 5. Conditions, p.7; 6. Diversions for Navajo-Gallup Project ...


Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins Oct 2013

Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins

Lectures/Events (BMW)

America has now been in the throes of a deficit and debt crisis for nearly a decade. Over the last three years, the federal government has tied itself in knots trying to reach a long-term solution. Any effective solution will involve tax increases and entitlement cuts. But both parties have been unwilling to openly bargain about either the tax increases or spending cuts they are willing to consider as part of a grand bargain. Why are both parties being so intransigent? What are the prospects for a grand bargain and what might it look like? What are the consequences if ...


Recent Developments In Hydraulic Fracturing Regulation And Litigation, Keith B. Hall Oct 2013

Recent Developments In Hydraulic Fracturing Regulation And Litigation, Keith B. Hall

Journal Articles

No abstract provided.


A Tale Of Two Responses To Lgbti Violence, Lauren Carasik Sep 2013

A Tale Of Two Responses To Lgbti Violence, Lauren Carasik

Media Presence

No abstract provided.


Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties Sep 2013

Amended And Restated White Mountain Apache Tribe Water Rights Quantification Agreement, Settlement Parties

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated White Mountain Apache Tribe Water Rights Quantification Agreement; Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States, Arizona Water Company, Buckeye Water Conservation and Drainage District, Buckeye Irrigation Company, Central Arizona Water Conservation District, City of Avondale, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, Roosevelt Water Conservation District, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association. Contents: Agreement 117 pages: 1.0 Recitals p. 2; 2 ...


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 ...


The Normative & Historical Cases For Proportional Deportation, Angela M. Banks Jul 2013

The Normative & Historical Cases For Proportional Deportation, Angela M. Banks

Faculty Publications

Is citizenship status a legitimate basis for allocating rights in the United States?

In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to ...


Judicial Activism And The Problem Of Induction, Aaron-Andrew P. Bruhl Jul 2013

Judicial Activism And The Problem Of Induction, Aaron-Andrew P. Bruhl

Faculty Publications

A comment on Suzanna Sherry’s "Why We Need More Judicial Activism."


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


Constitutional Privileging, Michael Coenen Jun 2013

Constitutional Privileging, Michael Coenen

Journal Articles

“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more easily ...


Justice Postponed In Guatemala: Ríos Montt — And The United States — Evade Reckoning With The Past, Lauren Carasik May 2013

Justice Postponed In Guatemala: Ríos Montt — And The United States — Evade Reckoning With The Past, Lauren Carasik

Media Presence

No abstract provided.


A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore Apr 2013

A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore

Law Faculty Scholarly Articles

The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States, however, is not the only nation in which employers play an important role in the financing of health care. Indeed, long before employment-based health insurance became common in the United States, countries with social insurance systems, such as France, Germany, Hungary, and the Czech Republic, provided for the delivery of mandatory social insurance benefits, including health insurance, through the workplace.

This article explores the role of the employer in the health care system in one such country: France. The French health ...


Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol Apr 2013

Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol

UF Law Faculty Publications

The potential goals of antitrust are numerous. Goals matter to antitrust. We believe that it is total welfare rather than consumer welfare that should drive antitrust analysis. We use this Article as an opportunity to explore both a comparative analysis of welfare standards across E. U. and US. competition systems and the impact of welfare standards on global antitrust systemwide welfare.

In this Article, we analyze two types of situations in which there would be a different outcome based on the goal implemented. One scenario involves resale price maintenance (RPM). For RPM, we argue that even if there were a ...


Book Review: "Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics)" By Alexander Peukert, Marketa Trimble Apr 2013

Book Review: "Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics)" By Alexander Peukert, Marketa Trimble

Scholarly Works

The reviewer considers a recent book by Alexander Peukert, the professor of civil and commercial law who specializes in international intellectual property law at Goethe University in Frankfurt am Main, Germany. Peukert has devoted the book to defining the limits of the public domain – the realm of intellectual activity in which works are free for anyone to use because the works are not protected by intellectual property rights, are protected but the protection has expired, are subject to an exception to the rights under the law, or are unprotected because the owner of the rights chooses not to enforce the ...


Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh Mar 2013

Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh

Research Collection School Of Law

This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of ...


Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer Feb 2013

Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer

Lectures/Events (BMW)

President Obama's speech in Las Vegas last month kicked off Congressional debates on immigration policy. While border security and illegal immigration are still high profile and thorny issues, slow economic growth following the Great Recession has helped to shift the focus to how the United States can change policy to better suit economic needs. Where do immigrants fit into the labor force, how can they fit better, and what is the likely shape of future policy changes?


Edmonson County, Kentucky - Court Records (Sc 797), Manuscripts & Folklife Archives Jan 2013

Edmonson County, Kentucky - Court Records (Sc 797), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 797. Edmonson County court records and Quarterly Court papers including school district report giving a list of parents and number of children, 1854-1861 (29); and general and national election returns which are filed as oversize items located in C1-D2, #10, 1858-1874? (11).


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Diminishing Sovereignty: How European Privacy Law Became International Norm, Mckay Cunningham Jan 2013

Diminishing Sovereignty: How European Privacy Law Became International Norm, Mckay Cunningham

Faculty Scholarship

There is a tendency to forget how young the Internet is. Modern computing and data trafficking are not even historical pre-teens. The personal computer was not widely available to consumers until the late 1970s, and the Internet was not fully commercialized until 1995.1 Less than two decades later, seventy-six percent of Americans own at least one personal computer and seventy-seven percent regularly rely on the Internet.2 Increasingly, businesses, schools, news organizations, and financial institutions offer their services exclusively online.3 The U.S. Department of Homeland Security reports a high level of integration and reliance, noting that “our ...


The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga Jan 2013

The International Criminal Court, Ten Years Later: Appraisal And Prospects, Joseph M. Isanga

Faculty Scholarship

On March 14, 2012, ten years after the International Criminal Court (ICC) became operational, and with around $900 million spent, the ICC delivered its first judgment. It has issued only thirteen arrest warrants. Is the ICC too slow and too expensive? The Kampala Review Conference held in 2010, seven years after the Rome Statute of the International Criminal Court (Rome Statute) entered into force, could have probed a plethora of questions. Instead, it was a limited stocktaking exercise, leaving many issues unresolved. In 2012, the ICC marked ten years since the Rome Statute entered into force. Seizing upon this milestone ...


Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman Jan 2013

Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman

CRHR: Archaeology

The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is ...


Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman Jan 2013

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Scholarly Works

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace ...


President Obama And The Framers' Presidency, John Yoo Jan 2013

President Obama And The Framers' Presidency, John Yoo

Faculty Scholarship

An essay is presented on U.S. President Barack Obama, American constitutional law, and the beliefs of the Framers of the U.S. Constitution in regards to the powers of the executive branch as of January 2013. Obama's apparent focus on domestic policy during his first term in office is addressed, including his administration's work in delaying the construction of aerospace company Boeing Co.'s plant in a right-to-work state, as well as the construction of the Keystone XL pipeline.


Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2013

Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

This Essay was written for the Yale Law Journal Online Symposium on the future of section 5 of the Voting Rights Act after Shelby County v. Holder. Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting ...


On “The Lure Of Strike”, Charles J. Dunlap Jr. Jan 2013

On “The Lure Of Strike”, Charles J. Dunlap Jr.

Faculty Scholarship

This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).


The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott Jan 2013

The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott

Faculty Scholarship

This Article, written for a symposium on compliance issues in financial-services firms, focuses on the role of the chief compliance officer (“CCO”). Contrasting the position with that held by a firm’s general counsel or Chief Legal Officer (CLO), the article argues that a CCO’s position holds distinct challenges. Additionally, although internal compliance systems and personnel may be characterized as functional substitutes for external regulation, assessing the strengths and weaknesses of internal compliance requires a willingness to look deep within firms. The article argues that the law and regulation may enhance firms’ incentives to invest in effective internal compliance ...


Correspondents' Reports United States Of America, Chris Jenks Jan 2013

Correspondents' Reports United States Of America, Chris Jenks

Faculty Scholarship

This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.


Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas Jan 2013

Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret S. Thomas

Journal Articles

The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace ...


Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman Jan 2013

Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman

Faculty Scholarship

America’s rabbis currently structure their employment market with rules that flagrantly violate the Sherman Act. The consequences of these rules, in addition to the predictable economic outcomes of inflated wages for rabbis and restricted consumer freedoms for the congregations that employ them, meaningfully hinder Jewish communities from seeking their preferred spiritual leader. Although the First Amendment cannot combat against this privately-orchestrated (yet paradigmatic) restriction on religious expression, the Sherman Act can. Ironically, however, the rabbinic organizations implementing the restrictive policies claim that the First Amendment immunizes them from Sherman Act scrutiny, thereby claiming the First Amendment empowers them to ...