Legislation Commons^™

Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching

Journal Articles

Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …

Property In Law: Government Rights In Legal Innovations, Stephen Clowney

Law Faculty Scholarly Articles

One of the most enduring themes in American political thought is that competition between states encourages legal innovation. Despite the prominence of this story in the national ideology, there is growing anxiety that state and local governments innovate at a socially suboptimal rate. Academics have recently expressed alarm that the pace of legal experimentation has become "extraordinarily slow," "inefficient," and "less than ideal." Ordinary citizens, too, seem concerned that government has been leeched of imagination and the dynamic spirit of experimentation; both talk radio programs and newspapers remain jammed with complaints about legislative gridlock and do-nothing politicians who cannot, or …

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 …

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 User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

18 pages (includes color illustrations).

Contains footnotes.

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.

Recreation As An Ally For Environmental Protection, Gary Sprung

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Contains references.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

The Endangered Species Act: Crystallizing Ecosystem Management, George T. Frampton Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

15 pages.

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.

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.

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.

Charging Public Land Users For Recreational Uses, Chip Dennerlein

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.

Why We’Re Unhappy? [Synopsis], Louise Liston

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

2 pages.

Public Land Policy Is Ripe For Change, James L. Huffman

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

18 pages.

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.

Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.

Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains 3 pages of references.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.

Mineral Leasing In Indian Country, Reid Peyton Chambers

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

9 pages.

Contains footnotes.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.