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- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (13)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (12)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (10)
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- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (9)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (9)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (8)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (7)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (6)
- Federal Communications Law Journal (6)
- Celebrating the Centennial of the Antiquities Act (October 9) (4)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (3)
- Articles (2)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (2)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (2)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Faculty Scholarship (1)
- Jennifer Allison (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
- Publications (1)
- Ryan B. Stoa (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- Publication Type
Articles 1 - 30 of 125
Full-Text Articles in Administrative Law
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
Loyola of Los Angeles International and Comparative Law Review
Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …
Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa
Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa
Ryan B. Stoa
In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being …
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Assessing Competition In U.S. Wireless Markets: Review Of The Fcc’S Competition Reports, Gerald R. Faulhaber, Robert W. Halm, Hal J. Singer
Federal Communications Law Journal
The FCC's 14th and 15th Annual Wireless Competition reports review a wide variety of evidence, both direct (how firms and customers behave) and indirect (industry concentration measures) in making its competitive assessment. The reports are silent on how to interpret this evidence. In contrast, modem antitrust analysis relies far more on direct evidence. In failing to put more weight on the relevant direct market evidence to reach an informed competitive assessment, the 14th and 15th reports invite erroneous conclusions about the state of competition in wireless markets. The authors are concerned that these erroneous conclusions eventually could adversely influence regulatory …
Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson
Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson
Articles
In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …
Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby
Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby
Federal Communications Law Journal
The concept of universal service, providing affordable telecommunications to all citizens, has a long and changing history in the United States. Prior to the Telecommunications Act of 1996, efforts to achieve universal service were largely based on a complex web of implicit subsidies to basic landline local exchange residential service. The Act expanded and codified the concept of universal service and made the subsidies largely explicit. This Article evaluates the possible economic rationales for subsidizing voice communications and find them lacking. This Article argues that the weak rationale for subsidizing basic voice communications makes it critical that U.S. universal-service policy …
Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs
Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs
Federal Communications Law Journal
Network neutrality has become a contentious issue both in Europe and the United States. Regulators on both sides of the Atlantic face digital divides in their society, and are confronted with potentially conflicting policy goals-to incentivize private investment in next-generation broadband while maintaining "neutral" and competitive broadband networks.
This Article compares nascent American and European network neutrality policy in terms of regulatory error costs. Emerging markets, such as broadband, are more likely to be affected by regulatory errors, and these errors have graver consequences in emerging markets than in regular markets. U.S. telecommunications policy traditionally has advanced a trial-and-error approach …
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
The Consequences Of Congress’S Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Faculty Scholarship
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
Adaptive Policymaking: Evolving And Applying Emergent Solutions For U.S. Communications Policy, Richard S. Whitt
Adaptive Policymaking: Evolving And Applying Emergent Solutions For U.S. Communications Policy, Richard S. Whitt
Federal Communications Law Journal
This Article presents some specific ways that U.S. policymakers should use teachings from the latest thinking in economics to create a conceptual framework in order to grapple with current controversies in communications law and regulation. First, it provides a brief overview of Emergence Economics, with an emphasis on the "rough formula" of emergence and the unique role of technological change in creating and furthering innovation and economic growth. Second, this paper explicates the general concept of "Adaptive Policymaking" by governments and includes some proposed guiding principles, an outline of the public policy design space, and an adaptive toolkit to be …
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
Celebrating the Centennial of the Antiquities Act (October 9)
3 pages.
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Celebrating the Centennial of the Antiquities Act (October 9)
For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.
The Natural Resources Law Center and the Center …
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
The Continuing Role Of State Policy, Jeffrey A. Hart
The Continuing Role Of State Policy, Jeffrey A. Hart
Federal Communications Law Journal
A review of Hernan Galperin's New Television, Old Politics: The Transition to Digital TV in the United States and Britain, Cambridge University Press, 2004. Based on comparative case studies in Britain and the United States, this book analyzes the transition to digital television in both countries, considers governmental regulatory strategies, and focuses on the impact of various factors, including political influence and market and technological changes.
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison
Jennifer Allison
This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Federal Communications Law Journal
Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
12 pages.
The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver
The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
13 pages (includes illustrations).
Contains references.
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Field Level Conflict Management In Outdoor Recreation, Arden Anderson
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
16 pages.
Contains references.
The Need For A New Nfma Planning Rule, Jack Ward Thomas
The Need For A New Nfma Planning Rule, Jack Ward Thomas
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
7 pages.
Global Trends And The Future Of National Forests, Nels C. Johnson
Global Trends And The Future Of National Forests, Nels C. Johnson
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
23 pages.
Contains 3 pages of references.
Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill
Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
5 pages.
Nfma Implementation Options: Managing Environmental Decisions [Outline], Susan Yonts-Shepard
Nfma Implementation Options: Managing Environmental Decisions [Outline], Susan Yonts-Shepard
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
3 pages.
Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley
Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
21 pages.
Contains endnotes and references.
Nfma And Ecosystem Management, Richard L. Knight
Nfma And Ecosystem Management, Richard L. Knight
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
8 pages.
Contains 1 page of references.
The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd
The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
12 pages.
“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire
“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
10 pages.
Making Forest Policy In An Imperfect World, James W. Giltmier
Making Forest Policy In An Imperfect World, James W. Giltmier
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
10 pages.
Writing The Regulations: Using Scientists To Link Law And Policy, Arthur W. Cooper
Writing The Regulations: Using Scientists To Link Law And Policy, Arthur W. Cooper
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
11 pages.
Contains references.
Framework For Understanding Nfma In A Legal Context, David H. Getches
Framework For Understanding Nfma In A Legal Context, David H. Getches
The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)
8 pages.
Contains references.