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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (4)
- College of Law - Faculty Scholarship (3)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
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Articles 1 - 22 of 22
Full-Text Articles in Law
Data Driven Weed Management: Tracking Herbicide Resistance At The Landscape Scale, A. Bryan Endres, Natalie M. West, Jeffrey A. Evans, Lisa R. Schlessinger
Data Driven Weed Management: Tracking Herbicide Resistance At The Landscape Scale, A. Bryan Endres, Natalie M. West, Jeffrey A. Evans, Lisa R. Schlessinger
University of Arkansas at Little Rock Law Review
No abstract provided.
Copyright Paternalism, Kevin J. Hickey
Copyright Paternalism, Kevin J. Hickey
Vanderbilt Journal of Entertainment & Technology Law
The dominant justification for copyright is based on the notion that authors respond rationally to economic incentives. Despite the dominance of this incentive model, many aspects of existing copyright law are best understood as motivated by paternalism. Termination rights permit authors to rescind their own earlier assignments of copyright. The elimination of formalities protects careless authors from forfeitures of copyright if they fail to register the copyright or place appropriate notice on their works. The law limits how copyrights can be transferred, when rights in emerging media can be assigned, and which works can be designated as "made for hire" …
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson
Faculty Publications
Third-party litigation finance is a growing industry. The practice, also termed “litigation lending,” allows funders with no other connection to the lawsuit to invest in a plaintiff’s claim in exchange for a share of the ultimate recovery. Most funding agreements have focused on domestic litigation in Australia, the United Kingdom, and the United States. However, the industry is poised for growth worldwide, and the recent environmental lawsuit brought by Ecuadorian plaintiffs against Chevron demonstrates that litigation funding is also beginning to play a role in transnational litigation.
This article, prepared for a symposium on “International Law in Crisis,” speculates about …
An Environmental Competition Statute, David M. Driesen
An Environmental Competition Statute, David M. Driesen
San Diego Journal of Climate & Energy Law
The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.
This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Opportunities: Softer Paths?, Sarah Bates
Slides: Opportunities: Softer Paths?, Sarah Bates
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Sarah Bates, Public Policy Research Institute, University of Montana
2 slides
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University
17 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Alternatives To Regulation?: Market Mechanisms And The Environment, David M. Driesen
Alternatives To Regulation?: Market Mechanisms And The Environment, David M. Driesen
College of Law - Faculty Scholarship
This book chapter presents a discussion of instrument choice in institutional context, with an emphasis on the Kyoto Protocol as an example of environmental benefit trading under a multilevel governance arrangement. Typically, economic models and qualitative discussion of instrument choice implicitly assume that a single regulator selects, designs, and enforces regulatory instruments. Increasingly, however, multiple polities implement regulatory instruments together. The Kyoto Protocol, for example, includes international, regional, national, sub-national, and private roles in the design and enforcement of emissions trading. This chapter emphasizes that design and enforcement are critical, as market mechanisms do not "automatically" produce environmental progress; rather …
An Environmental Competition Statute, David M. Driesen
An Environmental Competition Statute, David M. Driesen
College of Law - Faculty Scholarship
This chapter from a forthcoming Cambridge Press book, Beyond Environmental Law, proposes emulating free market dynamics with a new regulatory instrument, the Environmental Competition Statute. This statute would authorize any polluter making a pollution reduction to require a dirtier competitor to reimburse it for the full cost of making this improvement along with a preset profit margin. This creates an economic dynamic similar to that prevailing in very competitive markets. In such markets, those who innovate in effect take money from those who do not, by taking over a portion of their market share. This statute similarly allows environmental innovators …
Liability Insurance At The Tort-Crime Boundary, Tom Baker
Liability Insurance At The Tort-Crime Boundary, Tom Baker
All Faculty Scholarship
This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through the application of standard insurance contract provisions that exclude insurance coverage for some crimes that are also torts. Perhaps less obviously, liability insurance also can draw parts of the tort and criminal fields together. For example, professional liability insurance civilizes the criminal law experience for some crimes that are also torts by providing defendants with an insurance-paid criminal defense that provides more than ordinary means to contest the state’s accusations. The crime-tort separation in liability insurance …
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
Pro Teams Should Reward Good Off-Field Behavior, Porcher L. Taylor Iii, David R. Maraghy
Pro Teams Should Reward Good Off-Field Behavior, Porcher L. Taylor Iii, David R. Maraghy
School of Professional and Continuing Studies Faculty Publications
Professional sports—particularly the NFL and NBA, whose players clearly are behavioral models for kids and even young adults—should join the cash-for-performance movement by rewarding players for their exemplary good citizenship off the field. Why not reward integrity-passionate athletes like Matt Hasselbeck of the Seattle Seahawks or Willie McGinest of the Cleveland Browns with annual bonuses of $100,000 each—or donate that amount to their favorite charities? Such a bonus program would require more than being scandal-or police-blotter-free for a year. To qualify, players would have to travel at the highest moral altitude of sports ambassadorship and citizenship. Character counts and should …
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Law Faculty Publications
Law is a tool that can be used to shape both private and government conduct so as to impact public health. There are at least seven different techniques of legal intervention, each of which has advantages and disadvantages. These techniques are: direct regulation through command and coercion; economic incentives to encourage private parties to behave in a particular way; indirect regulation through private enforcement such as tort law; altering the informational environment; directly providing services or infrastructure to the public; government acting as a "model citizen" with respect to its employees and facilities; and, inducing other levels of government to …
What's Property Got To Do With It?, David M. Driesen
What's Property Got To Do With It?, David M. Driesen
College of Law - Faculty Scholarship
This essay reviews Daniel Cole's "Pollution & Property," a recent book on property rights regimes for pollution control. It questions the utility of property rights typologies as a means of understanding pollution control regimes. The review provides a detailed analysis of the shift of rights that occurs in going from a traditional regulatory program to an emissions trading program. It finds that the shift does not create a fundamentally different property regime and explains precisely what changes. This analysis also explains the meaning of calls to perfect property rights in this context. The review concludes that Professor Cole's book does …
Lessons From Reintroduction: The Bear And The Wolf, Michael Roy
Lessons From Reintroduction: The Bear And The Wolf, Michael Roy
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
15 pages.
Contains 1 page of references.
The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank
The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank
Faculty Articles and Other Publications
This Article will show that neither economic incentives nor mediation alone has been successful in addressing the issues of siting or remediation, despite good theoretical reasons for the success of both approaches. This Article advocates a two-pronged approach of using economic incentives and mediation together to attack the dilemmas of siting and remediation. A developer could offer to remediate an orphan or MSW landfill site, and thereby improve public safety, in exchange for the opportunity to build a new, less risky hazardous or solid waste disposal facility.15 In conjunction with mediation and negotiated compensation, this proposal may be able to …
The Relationship Of Federal Income Taxes To Toxic Wastes: A Selective Study, Richard A. Westin
The Relationship Of Federal Income Taxes To Toxic Wastes: A Selective Study, Richard A. Westin
Law Faculty Scholarly Articles
More demanding federal regulation, universal local opposition to waste treatment and disposal facilities, and increased long-term liabilities for waste sites have substantially restricted the supply of licensed waste handlers and have sharply increased the costs of waste disposal. As a result of increased costs and downstream liabilities for cleanup, industrial generators have begun to examine more closely their waste management practices and opportunities they may have to reduce the amount of hazardous waste they generate.
The urgent need to marshal the full range of industrial strategies to achieve significant reduction in the amount and toxicity of hazardous waste and the …
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Western Water Law in Transition (Summer Conference, June 3-5)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.
The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Faculty & Staff Scholarship
No abstract provided.
Ogallala Ground Water, Morton W. Bittinger
Ogallala Ground Water, Morton W. Bittinger
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
12 pages.
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation; Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
University of Colorado School of Law professors …