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- Publications (24)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (21)
- Western Water Law in Transition (Summer Conference, June 3-5) (18)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (17)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
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- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (13)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (10)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (6)
Articles 1 - 30 of 125
Full-Text Articles in Legal History
Agency Genesis And The Energy Transition, Sharon B. Jacobs
Agency Genesis And The Energy Transition, Sharon B. Jacobs
Publications
Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.
This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …
"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson
"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson
Publications
No abstract provided.
Administrative Dissents, Sharon B. Jacobs
Administrative Dissents, Sharon B. Jacobs
Publications
Commissioners, like judges, dissent. They do so at length, with vigor, and with persistence. Yet while separate judicial decisions are the subject of a rich literature, their administrative counterparts have long languished in obscurity. A closer look is warranted, however, because studying administrative dissent can enhance our understanding of internal agency operations as well as the relationships between agencies and other actors. This Article presents the results of an original review of separate statements at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission dating back four decades. It uses these findings to move beyond two common generalizations about …
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
Publications
No abstract provided.
Tax Planning And Policy Drift, Sloan G. Speck
Tax Planning And Policy Drift, Sloan G. Speck
Publications
This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen
Publications
The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Publications
On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson
Publications
No abstract provided.
Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser
Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser
Publications
No abstract provided.
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
8 pages.
Contains references.
Back To The Future: Privatizing The Federal Estate, Terry L. Anderson
Back To The Future: Privatizing The Federal Estate, Terry L. Anderson
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
5 pages.
Contains references.
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
27 pages.
Contains references.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
A History Of The Public Lands Debate, Patricia Nelson Limerick
A History Of The Public Lands Debate, Patricia Nelson Limerick
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
22 pages.
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Specialized Courts In Administrative Law, Harold H. Bruff
Specialized Courts In Administrative Law, Harold H. Bruff
Publications
No abstract provided.
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Separation Of Powers Under The Texas Constitution, Harold H. Bruff
Publications
No abstract provided.
A Critical Look At Wyoming Water Law, Mark Squillace
A Critical Look At Wyoming Water Law, Mark Squillace
Publications
No abstract provided.
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
Publications
No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
34 pages.
Contains footnotes.
Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter
Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
13 pages.
Contains references.
International Law And External Threats To National Parks, Daniel Barstow Magraw
International Law And External Threats To National Parks, Daniel Barstow Magraw
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
41 pages.
Contains references.
Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.
5 pages.
Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart
Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
26 pages.
A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum
A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
116 pages (includes illustrations).
Contains footnotes and references.
Contains 3 attachments:
1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.
2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.
3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.
Case Study: The Challenges Of The Greater Yellowstone, Bill Bryan
Case Study: The Challenges Of The Greater Yellowstone, Bill Bryan
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
4 pages.
Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock
Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
8 pages.
Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield
Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
29 pages.
Contains references.