Law Commons^™

Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

This workshop is cosponsored by the Intermountain Oil and Gas BMP Project and the Colorado Water and Energy Research Center, with financial support from the Environmentally Friendly Drilling Project and the CU-Boulder Outreach Committee.

The Colorado Oil and Gas Conservation Commission (COGCC) recently initiated a rule making process to develop new, statewide regulations for baseline sampling and monitoring of groundwater near new oil and gas wells. COGCC’s first rule making hearing was held November 14; the rule is expected to be finalized December 10. This workshop will discuss oil and gas development procedures that can impact groundwater, the current rules …

Slides: Research On Ground Water Monitoring, Matt Samelson

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation

12 slides

Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin

Pepperdine Law Review

No abstract provided.

When The Emperor Has No Clothes Iii: Personnel Policies And Conflicts Of Interest In Prosecutors’ Offices, Carrie Leonetti

Cornell Journal of Law and Public Policy

No abstract provided.

Slides: Meeting The Needs Of Women Through Clean Cooking Solutions, Corinne Hart

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Corinne Hart, Program Manager, Gender and Markets, Global Alliance for Clean Cookstoves

20 slides

A New Prescription To Balance Secrecy And Disclosure In Drug-Approval Processes, Gerrit M. Beckhaus

University of Michigan Journal of Law Reform

To obtain approval to market a drug, a manufacturer must disclose significant amounts of research data to the government agency that oversees the approval process. The data often include information that could help advance scientific progress, and are therefore of great value. But current laws in both the United States and Europe give secrecy great weight. This Article proposes an obligatory sealed-bid auction of the sensitive information based on the experience with similar auctions in mergers and acquisitions, to balance manufacturers' interest in secrecy and the public interest in disclosure.

Search Tools: Skills And Strategies, Robin C. Schard

Marquette Elder's Advisor

This column is a guide that helps readers understand how search tools work and how readers can use these tools more efficiently.

Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi

Marquette Elder's Advisor

The authors, both Doctors of Pharmacy, discuss the different levels of pain management in the elderly population. The dangers of side effects of both prescription and non-prescription medications must be considered when evaluating dosing for pain relief or pain prevention. Updated guidelines for patient involvement in pain management protocols in long-term care facilities are examined.

Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak

Marquette Elder's Advisor

Free legal research can be conducted on these three websites. While these sites do not research as far back as Westlaw and LexisNexis, all provide links to federal and state case law, but each has some advantages and disadvantages which are discussed in detail. LesixONE has the option to jump to LexisNexis (with a credit card) for further detail.

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Robin Warner

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …

Do Embryos Have Constitutional Rights: Doe V. Obama, Sara I. Salehi

South Carolina Law Review

No abstract provided.

Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine

University of Miami National Security & Armed Conflict Law Review

This note considers the application of the International Traffic and Arms Regulations (““ITAR””) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion …

[Review Of The Book Success While Others Fail: Social Movement Unionism And The Public Workplace], Alexander Colvin

Alexander Colvin

[Excerpt] In this splendid book, Paul Johnston applies his broad understanding of contemporary social theory to an analysis of a series of carefully matched field research cases to achieve genuine theoretical insights. His analysis addresses such fundamental issues as the nature of public sector unionism—its goals and the weapons it uses to achieve them, the ways it differs from private sector unionism—and the dynamics of social movement unionism. This work is an important contribution to the resurgent body of inductive theory development in industrial relations research that has emerged in recent years.

[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin

Alexander Colvin

[Excerpt] The 1984 publication of Richard Freeman and James Medoff’s What Do Unions Do? was a landmark event in research on labor unions. It challenged existing negative economic conceptions of the role of unions by presenting a two-faced model of unionism in which the negative monopoly face of unions was counter-balanced by a positive collective voice face. For those in the labor movement, this book became a powerful source of academic support for their value to society and the economy. Among academics, WDUD was equally influential, as it encouraged a renewed, more data-intensive and methodologically sophisticated approach to research on …

Telecommunications 2000 Strategy, Hr Practices & Performance, Rosemary Batt, Alexander Colvin, Harry C. Katz, Jeffrey Keefe

Alexander Colvin

This report constitutes the first benchmarking survey of business and human resource practices among a nationally representative sample of workplaces in the broadly defined telecommunications industry that includes wireline, wireless, cable, and internet providers. It grows out of a multi-year study of organizational change in the industry, and is based on extensive field study, site visits, interviews, and surveys conducted by research teams at Cornell and Rutgers Universities. Managers at 577 establishments across the country gave generously of their time during a lengthy telephone survey. The study was made possible through a generous grant by the Alfred P. Sloan Foundation. …

Data, Policies And Conflicts Of Interest In Research, Jeremy Sugarman

Saint Louis University Journal of Health Law & Policy

No abstract provided.

To Be A Sociologist Without Borders, Judith Blau, Keri E. Iyall Smith

Societies Without Borders

In a conversation with Keri E. Iyall Smith, Judith R. Blau shares her thoughts on the early days of Sociologists Without Borders/Sociólogos Sin Fronteras (SSF). She explains the impetus for the organization and some of its early victories. She then describes her work today with the Human Rights Center (HRC), where members of Carrboro and Chapel Hill are working together to live the dream of human rights.

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Jimmy Buffett's Islands - Research Seminar Series, Irene M. Lucchitti

Faculty of Law, Humanities and the Arts - Papers (Archive)

Throughout the centuries, various societies have conjured mythical islands in response to their own cultural needs. Hy Brasil, for instance, offered European societies a measure of comfort against the vast emptiness of the Atlantic Ocean and the uncertainty of what lay beyond it.

For the past fifty years or so, Jimmy Buffett has been writing and singing about islands both real and imaginary. His audience, though boasting a worldwide membership, is mostly American. His island fantasias are easily attained – in the first instance by the yachting classes of East Coast America but also, just as easily, by anyone willing …

Pierre Loti's Iceland Fisherman And The Islands Of Ireland - Colloquium For Research In Texts, Identities & Cultures (Critic) Seminars, Irene M. Lucchitti

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 1896 W B Yeats famously counselled John Millington Synge ‘to give up Paris’ and go to the Aran Islands. Yeats advised his friend to ‘live there as if you were one of the people themselves’ and ‘to express a life that has never found expression’. Synge took the advice and made his first journey to Aran in 1898. In the three months leading up to the trip, he read Pierre Loti’s Iceland Fisherman and took a copy with him as he made his first crossing to Aran. In 1917, another copy of this book was carried to another island …

The Twitterisation Of Journalism: Charting A Research Agenda For 'Social Journalism', Julie Posetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

Social media is transforming professional journalism. And the speed of the real-time revolution raises significant challenges and opportunities for journalists their publishers and journalism educators. But it also necessitates a rigorous academic research agenda. The issues confronting journalism in the social media space include fundamental shifts in the practice of verification, the merger of private lives and professional practice, and the new journalistic role of community engagement. BBC Head of Global News Peter Horrocks said in February 2010 that social media practice for journalists was no longer discretionary. But this means that the professional training of journalists in social media …

Income And Happiness: Why Isn't Research Acted Upon?, Christopher J. Barker, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

According to extensive research, greater income - above a basic minimum - has a relatively small impact on happiness. This finding has radical implications for individuals, groups and societies, yet is seldom considered in decision-making. We explore the reasons why the social and political implications of this research are not acted upon. We outline five arenas with potential obstacles to personal and institutional change responding to happiness-income research: lack of information; denigration of alternatives; contrary arguments; lack of authoritative endorsement; and structural conditions. Understanding the obstacles provides some guidance for efforts towards alternatives to the dominant economic model.

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

Reflections On Intellectual Hybridity, Kimala Price

Journal of Feminist Scholarship

Drawing from the growing literature on interdisciplinarity and my own experiences as an intellectual hybrid, I discuss the personal and institutional challenges inherent in crossing disciplinary boundaries in the academy. I argue that boundary crossing is a natural occurrence and that the issue of (inter)disciplinarity is a matter of degree and of determining who gets to define the boundaries. Defining boundaries is not merely an intellectual enterprise, but also a political act that delineates what is, or is not, legitimate scholarship. This issue is especially salient to women's and gender studies during times of economic distress and educational budget cuts.

Accountability In Patenting Of Federally Funded Research, Arti K. Rai, Bhaven N. Sampat

Faculty Scholarship

Bayh-Dole allows academic grantees to patent federally-funded research for purposes of promoting the commercialization of this research. To ensure commercialization goals are achieved, the Act requires grantees to report to funding agencies not only the existence of federally-funded patents but also utilization efforts they and their licensees/assignees are making.

Although reporting is a cornerstone of accountability under Bayh-Dole, information about grantee compliance with reporting requirements is incomplete and dated. In fact, the last significant study of the question dates back to the late 1990s and analyzes only 633 patents. Since that time, concerns have emerged that federally-funded university patents are …

Taxing Facebook Code: Debugging The Tax Code And Software, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article sets out to analyze both intellectual property laws and tax systems as applied to computer software. It analyzes software within intellectual property's established doctrinal framework, a difficult task due to the fact that software can encompass some combination of the traits of copyrights, trade dress, patents, and trade secrets. It then examines both the federal and state tax systems governing software. It shows that fitting software within current tax schemes presents unique challenges, as software contains both tangible and intangible elements, is subject to varying intellectual property protections, and can be delivered through various media. The article argues …

When Copyright Law And Science Collide: Empowering Digitally Integrated Research Methods On A Global Scale, Jerome H. Reichman, Ruth L. Okediji

Faculty Scholarship

Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.

Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. …

Resource Restraints: Rethinking Disclosure Of Individual Genomic Findings, Michael Ulrich

Faculty Scholarship

While there has been a seemingly endless debate over whether individual results should be disclosed in genomic research, the role that resources should play in determining a researcher's duty has been left unanswered. This commentary fills this void by fully examining how resource limitations constrain a researcher's duty to disclose. This paper is the first to anchor an obligation in the duty to rescue alone, and as a result, the first to find not only an ethical floor of what must be returned, but also a ceiling of the amount of resources that may be utilized to fulfill this duty. …