Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (332)
- University of Massachusetts Boston (25)
- Selected Works (16)
- University of Pennsylvania Carey Law School (13)
- Georgetown University Law Center (5)
-
- Maurer School of Law: Indiana University (4)
- Claremont Colleges (3)
- Northwestern Pritzker School of Law (3)
- Penn State Dickinson Law (2)
- SelectedWorks (2)
- St. Mary's University (2)
- Trinity College (2)
- University of Arkansas, Fayetteville (2)
- University of Maryland Francis King Carey School of Law (2)
- Bard College (1)
- Brigham Young University Law School (1)
- Clemson University (1)
- Cleveland State University (1)
- Collin College (1)
- Dominican University of California (1)
- Florida International University College of Law (1)
- National Law School of India University (1)
- Old Dominion University (1)
- Pepperdine University (1)
- Sacred Heart University (1)
- Seattle University School of Law (1)
- University of Kentucky (1)
- University of Minnesota Law School (1)
- University of Nevada, Las Vegas (1)
- University of New Hampshire (1)
- Keyword
-
- Colorado (90)
- California (75)
- United States (71)
- West (69)
- Water law (64)
-
- Climate change (56)
- Arizona (44)
- New Mexico (43)
- Water quality (40)
- Water supply (38)
- Utah (37)
- Conservation (35)
- Colorado River (34)
- Irrigation (34)
- Western water law (34)
- Agriculture (33)
- Drought (33)
- Recreation (32)
- Water (32)
- Water policy (32)
- BLM (31)
- Nevada (31)
- Water resource management (31)
- Water resources management (31)
- Communal forests (30)
- Community forests (30)
- Community-owned forests (30)
- Montana (30)
- Endangered Species Act (28)
- Water rights (28)
- Publication Year
- Publication
-
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (30)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (21)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
-
- 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)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (15)
- All Faculty Scholarship (13)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (13)
- The Promise and Peril of Oil Shale Development (February 5) (13)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (11)
- John M. McCormack Graduate School of Policy and Global Studies Publications (11)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (10)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (10)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (10)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (9)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (9)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (7)
- Mary Alice Haddad (7)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (7)
- Boston Urban Observatory Publications (6)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (6)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (6)
- Donald J. Kochan (4)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (3)
- Charts and Summaries of State, U.S., and Foreign Laws and Regulations (3)
- Publication Type
- File Type
Articles 1 - 30 of 432
Full-Text Articles in Public Policy
Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T
Karnataka Government Must Revisit Gig Workers Bill, Make It More Inclusive, Babu Mathew, Saurabh Bhattacharjee, Madhulika T
Popular Media
The Karnataka Platform-Based Gig Workers (Social Security and Welfare) Bill, 2024 has been favourably received by several commentators, but a closer inspection of the text of the Bill reveals glaring omissions, which if left unaddressed are likely to undermine the Bill’s objectives.
Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller
Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller
Social Work Theses
The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
All Faculty Scholarship
The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our decentralized domestic and international governance structures, and the result was devastating: the United States has a death rate that is eighteenth highest in the world, and the pandemic has had dramatically unequal impacts across the country. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.
This Article finds order in the chaos of the pandemic response by …
Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney
Public Policy, Economic Development, And Taxes: An Impact Analysis Of Business Incentive Strategies At The State And Local Level, Richard Nanney
All Dissertations
In an effort to promote economic development, state-level policymakers have exercised discretion over the use of public money to incentivize subsidy packages for decades. Estimates suggest state governments spend approximately $50 billion annually on these initiatives. However, there has been little empirical research about the political and economic benefits received by local residents from these subsidy programs. This dissertation analyzes the effectiveness of state subsidy policy by considering induced economic spillover effects and population attrition rates. It examines how subsidy distribution is related to employment rates, average weekly wages, and population attrition. The project offers two methodological innovations. First, to …
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
Municipal Optimization Of Short-Term Rental Regulations: The Reality Of Airbnb In South Texas Communities, Kenneth M. Culbreth Iii
St. Mary's Law Journal
Abstract forthcoming.
Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews
Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews
Commonwealth Center for Recurrent Flooding Resiliency (CCRFR): Reports
[Introduction]
House Bill 2187i, introduced by Delegate Keith Hodges in the 2021 session of the Virginia General Assembly, directed the Commonwealth Center for Recurrent Flooding Resiliency (CCRFR), a partnership between Old Dominion University, the Virginia Institute of Marine Science (VIMS) and the William & Mary Law School’s Virginia Coastal Policy Center (VCPC) established by Virginia Chapter 440 of the 2016 Acts of Assembly (HB 903), to evaluate the development of a Flood Resiliency Clearinghouse Program (henceforth Clearinghouse). The bill stipulated that the Center should work with the Department of Conservation and Recreation (DCR) to evaluate solutions that manage …
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
Journal of Food Law & Policy
Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …
America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman
America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman
Scripps Senior Theses
The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Whitman And The Fiduciary Relationship Conundrum, Lisa Fairfax
Whitman And The Fiduciary Relationship Conundrum, Lisa Fairfax
All Faculty Scholarship
While the law on insider trading has been convoluted and, in Judge Jed S. Rakoff’s words, “topsy turvy,” the law on insider trading is supposedly clear on at least one point: insider trading liability is premised upon a fiduciary relationship. Thus, all three seminal U.S. Supreme Court cases articulating the necessary elements for demonstrating any form of insider trading liability under § 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 made crystal clear that a fiduciary relationship represented the lynchpin for such liability.
Alas, insider trading law is not clear about the source from which the fiduciary …
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
All Faculty Scholarship
Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Unbuckling The Seat Belt Defense In Arkansas, Spencer G. Dougherty
Arkansas Law Review
The “seat belt defense” has been hotly litigated over the decades in numerous jurisdictions across the United States. It is an affirmative defense that, when allowed, reduces a plaintiff’s recovery for personal injuries resulting from an automobile collision where the defendant can establish that those injuries would have been less severe or avoided entirely had the plaintiff been wearing an available seat belt. This is an unsettled legal issue in Arkansas, despite the growing number of cases in which the seat belt defense is raised as an issue. Most jurisdictions, including Arkansas, initially rejected the defense, but the basis for …
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Seattle University Law Review Online
No abstract provided.
Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj
Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj
Cleveland State Law Review
Welcome to Census Tract 1186.02! Here, in a small sliver of Cleveland’s Glenville neighborhood, tucked between Superior and Hough Avenues, you will uncover a lot. You will discover a rich history of the city’s ethnic and cultural roots. You will also find gang violence, underperforming schools, a median household income of $9,526, and a poverty rate of 66.5 percent. Something you will not find in 1186.02 is investment. Private or public, money is not flowing in to 1186.02 and it has not for a long time. The substantial toll of continuous underinvestment on the residents of this neighborhood, one of …
Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits
Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits
Political Science & International Studies | Senior Theses
There are several laws in place regarding the legal purchase and possession of firearms in the United States (Giffords Law Center, 2020). There are also laws regarding the prohibited purchase and possession of firearms (Giffords Law Center, 2020). Yet, prohibited persons purchase and possess firearms regularly (Giffords Law Center, 2020). This happens because there are loopholes in the law (Brady United, 2020). For example, federal law requires background checks for gun purchases from licensed firearm dealers, but not at gun shows where sellers may not be licensed. This means that a felon (prohibited purchaser and possessor) buying a gun from …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …
Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert
Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert
Indiana Journal of Law and Social Equality
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai
Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai
All Faculty Scholarship
Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to search …
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Theses and Dissertations--Political Science
This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …
Municipal Annexation Reform In Texas: How A Victory For Property Rights Jeopardizes The State’S Financial Health, Julie Polansky Bell
Municipal Annexation Reform In Texas: How A Victory For Property Rights Jeopardizes The State’S Financial Health, Julie Polansky Bell
St. Mary's Law Journal
Municipal annexation is the expansion of city boundaries. The greatest motivator behind municipal annexation is maintaining and improving economic prosperity of the annexing authority. The issue of annexation involves a balance of rights between property owners and municipalities of the state. Historically, Texas cities had broad annexation authority under an involuntary annexation scheme. However, in recent years the power has shifted as lawmakers have given property owners greater control over the annexation process. This trend culminated in the passage of the Municipal Annexation Right to Vote Act (MARVA) by the 85th Texas Legislature, which severely limits annexation authority.
Texas municipalities …
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom
Senior Theses and Projects
No abstract provided.
Beyond Repair: An Investigation Of The Experiences, Interpretations, And Self-Construction Of Black Women Welfare Recipients In The Deep South, Eniyah C. Willingham, Eniyah Willingham
Beyond Repair: An Investigation Of The Experiences, Interpretations, And Self-Construction Of Black Women Welfare Recipients In The Deep South, Eniyah C. Willingham, Eniyah Willingham
Senior Projects Spring 2019
Based on six in-depth interviews with Black women in the Metro-Atlanta area who have at some point in the past ten years received welfare assistance, this project serves to understand how Black women relate to the welfare system in the current moment. To best understand their circumstances, I set forth a three-part question: how do Black women welfare recipients experience the welfare system in the current moment?; how do they interpret these experiences?; and lastly, how do these experiences and interpretations lend to how they conceptualize, construct, and/or manage their identities as Black women welfare recipients? I argue that my …
Legislation Committee Charge, Legislation Committee Summit For Civil Rights
Legislation Committee Charge, Legislation Committee Summit For Civil Rights
Minnesota Journal of Law & Inequality
No abstract provided.
America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett
America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett
Senior Theses and Projects
For the past fifty years, American drug policy has been manipulated and enforced in a way that made it possible for drug epidemics to occur and has exaggerated their negative consequences on society. The War on Drugs policy initiatives first implemented in the 1970s created a drug law enforcement structure that has criminalized addiction and made it difficult for addicts to receive treatment. The United States is currently facing it's worst drug epidemic in history due to these policies. However, unlike previous epidemics, the opioid crisis is particularly unique not only because of the unparalleled nature of the issue, but …
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
Exclusionary Megacities, Wendell Pritchett, Shitong Qiao
All Faculty Scholarship
Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …
The Quiet Undoing: How Regional Electricity Market Reforms Threaten State Clean Energygoals, Danny Cullenward, Shelley Welton
The Quiet Undoing: How Regional Electricity Market Reforms Threaten State Clean Energygoals, Danny Cullenward, Shelley Welton
All Faculty Scholarship
In a series of largely unnoticed but extremely consequential moves, two regional electricity market operators are pursuing reforms to make it more difficult for states to achieve their clean energy goals. The federal energy regulator, FERC, has already approved one such reform and ordered a second market operator to go farther in punishing state-supported clean energy resources than it had initially proposed. This disturbing trend highlights a shift in energy governance that threatens to destabilize the field’s delicate cooperative federalist model. Over the past several decades, states have increasingly ceded control over energy dispatch and grid planning to private market …