Law Commons^™

Slides: Evolving Policy On Shale Plays, John Martin

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

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides

Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

A public workshop to discuss “Opportunities and Constraints to Reducing the Environmental Footprint of Natural Gas Development” was held in Vernal, Utah on October 14, 2010 at the Vernal campus of Utah State University. The workshop was sponsored by Utah State University, The Bingham Energy Research Center; The University of Colorado Natural Resources Law Center; and the Houston Advanced Research Center, Environmentally Friendly Drilling Program.

The meeting included presentations and panel discussions on:

• Trends and environmental issues related to natural gas development
• Examples of environmental innovations being used in the Uintah Basin
• Examples of innovation & tools from outside the …

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

Utopian Taxation: Covering The Cost Of Living, Maurice A. Echols

Maurice A Echols

This article, “Utopian Taxation: Covering The Cost of Living,” discusses concepts of economics and tax policy with an intent to have its readers consider or reconsider what is truly valuable to them individually and to society as a whole. I discuss the overall workings of Money-Based Economies, Resource-Based Economies, and Mixed Economies with their relation to tax policy and the implications that arise or may arise within them. I believe that the concepts discussed within this article are very interesting and address new and revolving issues of people, government, and the relationships between them.

India’S Integrated Energy Policy: A Source Of Economic Nirvana Or Environmental Disaster?, Deepa Badrinarayana

Deepa Badrinarayana

India’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in …

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

S10rs Sgr No. 9 (Revise Degree Honors), Knapp, Caffarel, J Landry, Barnes, Terracciano

Student Senate Enrolled Legislation

No abstract provided.

India’S Foreign Direct Investments Policy In The Defence Sector, Ved Prakash

VED PRAKASH

India is among the world's top 10 spenders on defence. Currently, India allows only 26 per cent Foreign Direct Investments (“FDI”) in the Defence Sector. The Indian Government is considering a proposal to allow 100 per cent FDI into the Defence Sector.

Participatory Rural Appraisal, Ganesh Chandra

Ganesh Chandra

Participation, empowerment and inclusion have become the new development buzzword. There has been a range of interpretations of the meaning of participation in development. Participatory development starts from the premise that it is important to identify and build upon strengths already present in communities. Perhaps the most widespread appearance of participation in mainstream development has been seen in the form of participatory methodologies of research, intended to gather a wide range of information from local people at their livelihoods, needs, and strengths, at the same time as 'empowering' them through a process of collaborative analysis and learning. PRA is a …

Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair

Dalhousie Law Journal

The federal environmental assessment (EA) process and most. provincial EA processes in Canada either specifically provide for mediation as an option or implicitly allow for it. Inspite of this, the actual use of mediation and other forms of alternative dispute resolution (ADR) has been almost non-existent in Canadian EA. There is an emerging view, however that mediation could be applied usefully at points of the process when there is conflict among the parties. Such adjustments in process would signal the need for approval agencies -andproponents to give serious consideration to more collaborative techniques of participation. The objective of this article …

Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, Anew Can Of Worms And The Liberty Two Step?, Elaine Craig

Dalhousie Law Journal

The Supreme Court's recent decision inVancouver Transportation is problematic for two reasons. First, the majority adopts an analytical framework for determining whether a claim triggers the positive rights Dunmore/Baier analysis, which means that policies restricting expressive rights based on groups rather than content could be less likely to fall within the scope of section 2(b). A better approach would be to characterize section 2(b) cases based on the nature of the claim rather than the nature of the restriction and to apply the positive rights Dunmorel Baier criteria only where the claim is for an audience with the government or …

Vol. Viii, Tab 39 - Bill Lloyd Declaration (Google Ad Support Team Lead), Bill Lloyd

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Workplace Flexibility: A Norm Of The American Workplace, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

A PowerPoint slide-show that outlines the challenges, options, policies, solutions, and innovations associated with Flexible Work Arrangements.

Attitudes, Advocacy And Polarization: The New Iron Triangle Of American Public Policy, Roger L. Conner, Patricia Jordan

Roger L Conner

Electoral politics in the U.S. have always been nasty and brutish. Pervasive polarization in public policy disputes is a new an worrisome trend that has attracted considerable attention recently. Using insights gleaned from social psychology, this article finds that “strong", negative "attitudes," once attached to an “attitude object” such as the “other side” in a policy conflict, will operate subconsciously to distort cognition in ways that generate extreme and polarized thinking. Scholars from a different field, public policy studies, find that conversations about public policy increasingly occur inside of “advocacy coalitions,” vast and networks of people and groups that are …

Vol. Ix, Tab 46 - Ex. 57 - Deposition Of Baris Gultekin (Google Group Product Manager For Adwords), Baris Gultekin

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

International Law & Politics: The Same Under Another Name?, Ana M. Nacvalovaite

Ana M Nacvalovaite

ABSTRACT: The Article examines the perceived dichotomy between international law and international politics from a legal perspective. It presents a brief over-view of the sources of international law and shows how and why the perceived legal/political dichotomy has been prevalent in the academic discourse surrounding the sources and nature of international law. Consequences of legal truth as to whether treaty bodies are analogous with political bodies will serve as a practical lens through which to ground the relevance and importance of this topic today. From this, one will be able to establish that such a distinction between a legal system …

Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis

University of Richmond Law Review

No abstract provided.

Power And Law, Bait And Switch: Debunking “Law” As A Tool Of Societal Change The Disappearing Act Of Affordable Housing In The District Of Columbia, Samuel Jefferson

Samuel Jefferson Jr.

ABSTRACT

POWER AND LAW, BAIT AND SWITCH:

DEBUNKING “LAW” AS A TOOL OF SOCIETAL CHANGE

The Disappearing Act of Affordable Housing in the District of Columbia

by Samuel L. Jefferson, Jr.

I. Introduction

“It was a typical sunny, hot and hazy July afternoon in Washington, D.C. when I, as a 17-year-old, walked down the hill towards my apartment complex. As I approached, I noticed people gathered in the street in front of my building. I also noticed that someone had been evicted. As I moved closer, I noticed that the belongings were mine and my family’s. That’s when, at least …

Vol. Viii, Tab 39 - Ex. 3 - Google's Trademark Complaint Policy, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Reduction Of Regulatory Uncertainty: Evidence From Transfer Pricing Policy, Andrew B. Whitford

Saint Louis University Law Journal

No abstract provided.

Brain Drain Taxation As Development Policy, Yariv Brauner

Saint Louis University Law Journal

No abstract provided.

2010-2011, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …

Ocean Policy: A Canadian Case Study, Camille Mageau, David Vanderzwaag, Susan Farlinger

Articles, Book Chapters, & Popular Press

Over the years, Canada, like most other coastal nations, has developed an intricate set of policies and regulatory instruments focused on the management of traditional sectoral uses of the oceans. A decade ago, the necessary steps were taken to modernise the way in which Canadian authorities manage ocean-based activities.

Canada did not set out to design “one” comprehensive, all inclusive oceans policy. The primary approach taken was to identify, through Canada’s Oceans Act, one federal lead authority responsible for the coordination and harmonisation of existing policy and statutory instruments and to formulate a national vision and guiding principles for oceans …

Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism, Diana Ginn

Articles, Book Chapters, & Popular Press

In Power Without Law, author Alex Cameron strongly criticizes "incautious judicial activism" which allows the law to become "too malleable to personal judicial predilection."' Cameron makes his arguments primarily through an analysis of a 1999 decision of the Supreme Court of Canada, R v Marshall (No 1)," in which the majority of the Court held that Aboriginal peoples in the Maritimes have a treaty right to hunt, fish and gather, and to sell the products of these activities in order to provide themselves with a moderate livelihood. Cameron also comments on two subsequent and closely related decisions, R v Marshall …

Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse, Ruti G. Teitel

Articles & Chapters

The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship. The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of internationallaw-ranging widely from international trade …

Lines Of Communication: Advances In Stem Cell Policy, Dena Davis, Debra Grega

Journal of Law and Health

This is a transcription of the Journal of Law and Health's Speaker Series event held on November 17, 2009 at the Joseph W. Bartunek III Moot Court Room, Cleveland-Marshall College of Law. The speakers discussed stem cell policy, ethics, oversight, funding restrictions and research restrictions.

Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes

Faculty Journal Articles and Book Chapters

The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …

Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner

NYLS Law Review

No abstract provided.