Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Sciences (187)
- Physical Sciences and Mathematics (187)
- Natural Resources Management and Policy (185)
- Natural Resources Law (180)
- Social and Behavioral Sciences (179)
-
- Public Affairs, Public Policy and Public Administration (174)
- Environmental Law (152)
- State and Local Government Law (146)
- Legislation (125)
- Environmental Policy (124)
- Water Resource Management (96)
- Natural Resources and Conservation (95)
- Water Law (89)
- Land Use Law (86)
- Life Sciences (86)
- Property Law and Real Estate (86)
- Natural Resource Economics (78)
- Environmental Health and Protection (76)
- Oil, Gas, and Mineral Law (70)
- Courts (68)
- Public Policy (67)
- Litigation (65)
- Engineering (64)
- Energy and Utilities Law (59)
- Forest Management (58)
- Forest Sciences (58)
- Dispute Resolution and Arbitration (56)
- Jurisdiction (55)
- Institution
-
- University of Colorado Law School (190)
- Pepperdine University (16)
- Duke Law (14)
- Maurer School of Law: Indiana University (11)
- University of Michigan Law School (9)
-
- University of Georgia School of Law (6)
- Schulich School of Law, Dalhousie University (3)
- Selected Works (3)
- William & Mary Law School (3)
- Penn State Dickinson Law (2)
- Barry University School of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Seattle University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Montana (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (16)
- Faculty Scholarship (14)
- Journal of the National Association of Administrative Law Judiciary (14)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (13)
- 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)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (12)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (11)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (11)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (10)
- Federal Communications Law Journal (8)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- 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)
- Articles (6)
- Georgia Journal of International & Comparative Law (6)
- Air Quality Protection in the West (November 27-28) (5)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (5)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (5)
- Celebrating the Centennial of the Antiquities Act (October 9) (4)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (4)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (4)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (3)
- Dalhousie Law Journal (3)
- Indiana Law Journal (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Faculty Publications (2)
- Faculty Scholarly Works (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Publication Type
Articles 31 - 60 of 266
Full-Text Articles in Administrative Law
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Joseph J.M. Orabona
Legal Summaries, Joseph J.M. Orabona
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Tina Serebrakian, Ryan Yahne
Legal Summaries, Tina Serebrakian, Ryan Yahne
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Lisa Lester
Legal Summaries, Lisa Lester
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Jamie H. Kim
Legal Summaries, Jamie H. Kim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Leslie Polizzotto
Legal Summaries, Leslie Polizzotto
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Oscar Gutierrez
Legal Summaries, Oscar Gutierrez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec
Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec
Faculty Scholarship
This Article examines agency-level activity during the preproposal rulemaking phase—a time period about which little is known despite its importance to policy outcomes—through an analysis of federal agency activity in connection with section 619 of the Dodd–Frank Act, popularly known as the Volcker Rule. By capitalizing on transparency efforts specific to Dodd–Frank, I am able to access information on agency contacts whose disclosure is not required by the Administrative Procedure Act and, therefore, not typically available to researchers.
I analyze the roughly 8,000 public comment letters received by the Financial Stability Oversight Council in advance of its study regarding Volcker …
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
Faculty Scholarship
This Article, written for a symposium on compliance issues in financial-services firms, focuses on the role of the chief compliance officer (“CCO”). Contrasting the position with that held by a firm’s general counsel or Chief Legal Officer (CLO), the article argues that a CCO’s position holds distinct challenges. Additionally, although internal compliance systems and personnel may be characterized as functional substitutes for external regulation, assessing the strengths and weaknesses of internal compliance requires a willingness to look deep within firms. The article argues that the law and regulation may enhance firms’ incentives to invest in effective internal compliance but may …
Improving (Software) Patent Quality Through The Administrative Process, Arti K. Rai
Improving (Software) Patent Quality Through The Administrative Process, Arti K. Rai
Faculty Scholarship
The available evidence indicates that patent quality, particularly in the area of software, needs improvement. This Article argues that even an agency as institutionally constrained as the U.S. Patent and Trademark Office (“PTO”) could implement a portfolio of pragmatic, cost-effective quality improvement strategies. The argument in favor of these strategies draws upon not only legal theory and doctrine but also new data from a PTO software examination unit with relatively strict practices. Strategies that resolve around Section 112 of the patent statute could usefully be deployed at the initial examination stage. Other strategies could be deployed within the new post-issuance …
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
Bank Capital Regulation By Enforcement: An Empirical Study, Julie A. Hill
Bank Capital Regulation By Enforcement: An Empirical Study, Julie A. Hill
Indiana Law Journal
Improving commercial bank capital requirements has been a top priority on the regulatory agenda since the beginning of the 2008 financial crisis. Unfortunately, some of the information necessary to make informed decisions about capital regulation has been missing. Existing regulations establish numerical capital requirements. Regulators, however, have significant discretion to set higher capital requirements for individual banks. In considering necessary reforms, regulators often focus on specific numerical requirements but sometimes ignore enforcement efforts. Without clear information about capital enforcement, it is impossible to make informed judgments about the current capital regulation system.
This Article provides a more complete picture of …
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 …
Accountability In Patenting Of Federally Funded Research, Arti K. Rai, Bhaven N. Sampat
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 …
A Current Assessment Of Some Extraterritorial Impacts Of The Dodd-Frank Act With Special Focus On The Volcker Rule And Derivatives Regulation, Lawrence G. Baxter
A Current Assessment Of Some Extraterritorial Impacts Of The Dodd-Frank Act With Special Focus On The Volcker Rule And Derivatives Regulation, Lawrence G. Baxter
Faculty Scholarship
As the world struggles to emerge from the Global Financial Crisis the vision of a harmonious framework of global financial regulation seems as distant as ever. Important progress made by international committees such as the Basel Committee on Banking Supervision and the Financial Stability Board notwithstanding, there seem to be increasing signs of unilateral, extraterritorial action by major jurisdictions, including the United States. This paper reviews the framework created by the US financial reforms, in particular anti money laundering provisions, the Volcker Rule and the proposed OTC derivatives margin requirements, and considers some of the dilemmas presented by modern global …
Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill
Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
1 page.
"March 2008"
Material submitted by Les Lampe, Colorado River Water Consultants, for "Augmentation Options" program, Session 3: Mapping a New Course, Panel F: Some Policy Options and Solutions.
Colorado River Water Consultants is a project-specific partnership of engineering firms Black & Veatch and CH2MHill.
Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten
Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Steven M. Fitten, Chief Counsel, International Boundary and Water Commission (IBWC)
14 slides
Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson
Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson
Articles
This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that …
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 …
Slides: America's Redrock Wilderness, Scott Groene
Slides: America's Redrock Wilderness, Scott Groene
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Scott Groene, Executive Director, Southern Utah Wilderness Alliance (Moab, UT)
23 slides
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak
Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines
43 slides
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 …