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- The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23) (1)
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Articles 1 - 30 of 32
Full-Text Articles in Law
Revitalizing Environmental Federalism, Daniel C. Esty
Revitalizing Environmental Federalism, Daniel C. Esty
Michigan Law Review
Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …
Out Of Focus, John C. Dernbach
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Federal Communications Law Journal
This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …
Democratizing Hmo Regulation To Enforce The "Rule Of Rescue", Kent G. Rutter
Democratizing Hmo Regulation To Enforce The "Rule Of Rescue", Kent G. Rutter
University of Michigan Journal of Law Reform
Despite heightened public concern about HMOs, misguided regulatory measures have not guaranteed HMO patients access to the treatment options many consider vital. This Note recommends four changes to the current regulatory system that would preserve HMOs' ability to control health care costs while allowing patients and doctors, rather than lawmakers or HMO administrators, to set health care priorities.
The Proposed Corporate Sponsorship Regulations: Is The Treasury Department "Sleeping With The Enemy"?, David A. Brennen
The Proposed Corporate Sponsorship Regulations: Is The Treasury Department "Sleeping With The Enemy"?, David A. Brennen
Law Faculty Scholarly Articles
In 1993, the Treasury Department (the Treasury) issued a proposed regulation outlining when money received by a charity from a corporate sponsor would be subject to federal income tax. In defining the phrase "trade or business," the proposed regulation addresses the extent to which sponsorship payments to charities will be treated by the Treasury as having been made in return for advertising on behalf of the sponsor, thus subjecting the payment to income tax. In the proposed regulation, the Treasury concludes that a charity's use of a corporate sponsor's name in the title of a charitable event is a mere …
Principled Opinions, Susan P. Koniak
Principled Opinions, Susan P. Koniak
Faculty Scholarship
Professor Brickman is not pleased. Indeed, he is outraged, if the sound and fury of his article is to be taken at face value. He and twenty-five others, lawyers and legal educators, sent the American bar Association Standing Committee on Ethics and Professional Responsibility (the "Committee" or "Ethics Committee") a letter (the "Letter") asking for an opinion. They got one which Professor Brickman describes as "wrong as a matter of ethics law, malevolent as a matter of public policy, disingenuous in its presentation, unfounded it [its] critical assumptions ... and blatantly self-interested in elevating lawyers' financial interests above their traditional …
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Law Faculty Scholarly Articles
Professor Michael examines regulatory programs in which the federal government leaves many compliance decisions up to the regulated entities themselves. Drawing on prior research and theory in the area, he concludes that such "cooperative implementation" is feasible if three principles are observed: (1) regulatory standards are written to leave discretion in methods of compliance and that discretion is within the competence of the regulated entities; (2) there are economic incentives to offset the additional costs to these entities; and (3) the entities self-report their own compliance, the agency closely monitors the program, and the agency maintains a residual program of …
Why Is This Man A Moderate?, Richard A. Epstein
Why Is This Man A Moderate?, Richard A. Epstein
Michigan Law Review
A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center
The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)
19 pages.
Includes footnotes.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.
Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt
Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Dalhousie Law Journal
In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith
Michigan Law Review
This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Michigan Journal of International Law
Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons
Foreign Ownership Of Broadcasting: The Telecommunications Act Of 1996 And Beyond, W. Scott Hastings
Foreign Ownership Of Broadcasting: The Telecommunications Act Of 1996 And Beyond, W. Scott Hastings
Vanderbilt Journal of Transnational Law
In an increasingly global market, severe restrictions upon foreign investment in broadcasting companies have enabled them to remain primarily domestic entities. This Note reviews these restrictions and advocates reforming the world-wlde system of broadcasting ownership regulation. This author discusses the major policies underlying the current regulations and demonstrates their implications by looking at several hypothetical regulatory schemes. The Note then focuses upon regulatory systems that are currently being used, as well as a hypothetical system based upon reciprocity. In the process, the author reviews the ownership restrictions of the United States, Canada, Australia, the European Community, and several lesser-developed markets. …
Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland
Beyond Sex Discrimination: A Proposal For Federal Sexual Harassment Legislation, Deborah N. Mcfarland
Fordham Law Review
No abstract provided.
A Thumbnail Sketch Of Derivative Securities And Their Regulation, Roberta Romano
A Thumbnail Sketch Of Derivative Securities And Their Regulation, Roberta Romano
Maryland Law Review
No abstract provided.
The Supreme Court And The Endangered Species Act (Symposium: The Supreme Court And Local Government Law: 1994-95 Term), Leon D. Lazer
The Supreme Court And The Endangered Species Act (Symposium: The Supreme Court And Local Government Law: 1994-95 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
The Supreme Court And The Endangered Species Act, Leon D. Lazer
The Supreme Court And The Endangered Species Act, Leon D. Lazer
Touro Law Review
No abstract provided.
Suspension And Disbelief (Or, How Managed Should A Market Be?), Caroline Bradley
Suspension And Disbelief (Or, How Managed Should A Market Be?), Caroline Bradley
Articles
No abstract provided.
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Conflicts Of Interest In Litigation: The Judicial Role , Bruce A. Green
Fordham Law Review
No abstract provided.
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Professional Liability Insurers As Regulators Of Law Practice, Anthony E. Davis
Fordham Law Review
No abstract provided.
Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman
Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman
Fordham Law Review
No abstract provided.
Principled Opinions: Response To Brickman, Susan P. Koniak
Principled Opinions: Response To Brickman, Susan P. Koniak
Fordham Law Review
No abstract provided.
Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little
Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little
Fordham Law Review
No abstract provided.
Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias
Who Can Best Regulate The Ethics Of Federal Prosecutors, Or, Who Should Regulate The Regulators: Response To Little, Fred C. Zacharias
Fordham Law Review
No abstract provided.
How Should We Determine Who Should Regulate Lawyers--Managing Conflict And Context In Professional Regulation , David B. Wilkins
How Should We Determine Who Should Regulate Lawyers--Managing Conflict And Context In Professional Regulation , David B. Wilkins
Fordham Law Review
No abstract provided.
World Trade And The Environment: The Cafe Case, Eric Phillips
World Trade And The Environment: The Cafe Case, Eric Phillips
Michigan Journal of International Law
This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Michigan Journal of International Law
This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Michigan Journal of International Law
Part I of this article establishes the scope of analysis and defines the Chinese use of the term "security," which is more limited than under American law. Parts II and III briefly examine the history of Chinese securities laws and the understanding of securities by the Chinese people. Part IV focuses on the government's motivations in establishing the securities markets. Part V discusses the distinctively Chinese approach of classifying shares according to the characteristics and nationality of permitted shareholders. Part VI addresses the future development of Chinese securities markets. The conclusion reflects on the significance of western forms of securities …
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman
Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman
Articles
No abstract provided.