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2052 full-text articles. Page 1 of 54.

Recent Case Decisions, 2016 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin 2016 University of Oklahoma College of Law

Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr. 2016 University of Oklahoma College of Law

Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr.

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Micah L. Adkison 2016 University of Oklahoma College of Law

Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Demand Response And Market Power, Bruce R. Huber 2016 Notre Dame Law School

Demand Response And Market Power, Bruce R. Huber

Bruce R Huber

In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue ...


A New Constitutive Commitment To Water, Sharmila L. Murthy 2016 Suffolk University Law School

A New Constitutive Commitment To Water, Sharmila L. Murthy

Boston College Journal of Law & Social Justice

Cass Sunstein coined the term “constitutive commitment” to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed to realize this new constitutive commitment. Following the termination of water to thousands of households in Detroit, residents and community organizations filed an adversary complaint in Detroit’s bankruptcy proceedings seeking a six-month moratorium on the disconnections. The bankruptcy court dismissed the case, accurately finding that “there is no constitutional ...


Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson 2016 Pepperdine University

Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson

Journal of the National Association of Administrative Law Judiciary

Part I contains the analysis of existing law. We review the statutes and regulations governing ex parte communications before the CPUC, examine corresponding laws of other jurisdictions, and compare the CPUC statutes and regulations with those of the other jurisdictions. In Part II we examine actual ex parte practices before the CPUC. Based on data obtained from notices filed on the Commission’s website by parties to rate-setting cases, we provide a quantitative characterization of the extent and nature of noticed ex parte communications over the past roughly 22 years. We then place ex parte communications within the context of ...


Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson 2016 Vrije Universiteit Brussel

Extraterritoriality, Externalities, And Cross-Border Trade: Some Lessons From The United States, The European Union, And The World Trade Organization, Max S. Jansson

Pace Environmental Law Review

In this article, process and production method (PPM) rules are analyzed under three jurisdictions: the United States, the European Union (EU), and the World Trade Organization (WTO. The approach is justified by the fact that their rules on interstate trade reflect very similar basic objectives related to anti-protectionism. Moreover, the regimes, to a large extent, share the same structure of rules on prohibition balanced with rules on justification. All in all, the regimes reveal similar syntax. The comparability of the U.S. Dormant Commerce Clause Doctrine with both WTO law and EU free movement law has been highlighted already in ...


City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski 2016 Babson College

City Sustainability Reporting: An Emerging & Desirable Legal Necessity, Adam J. Sulkowski

Pace Environmental Law Review

This article will begin with a brief history of sustainability reporting, including recent developments related to its adoption by cities. The author will then review two major trends that, considered together, indicate sustainability reporting should be viewed as an emerging legal necessity for municipalities in the United States. First, the exemption shielding cities from the disclosure requirements of securities laws has eroded. Second, sustainability disclosures now fit the definition of what must—as a matter of materiality, if not specific mandates—be reported to investors. This means that the cities that have collectively issued over $3.67 trillion in securities2 ...


Recent Case Decisions, 2016 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Life Estate And The Power To Commit Waste: Using A Power Analysis To Resolve Oil & Gas Title Issues Created By Future Interests, Anthony J. Ford 2016 Crowley Fleck PLLP

The Life Estate And The Power To Commit Waste: Using A Power Analysis To Resolve Oil & Gas Title Issues Created By Future Interests, Anthony J. Ford

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Micah L. Adkison 2016 University of Oklahoma College of Law

Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Incentive Regulation, New Business Models, And The Transformation Of The Electric Power Industry, Inara Scott 2016 Oregon State University

Incentive Regulation, New Business Models, And The Transformation Of The Electric Power Industry, Inara Scott

Michigan Journal of Environmental & Administrative Law

The electric utility sector is in the midst of paradigmatic change. Market forces include decreased load growth, technological advances in distributed energy resources, pressures for decarbonization, and demands for increased efficiency and new utility services. Meanwhile, as the utility monopoly is undermined and profits slow, financial analysts signal increasing risk to potential utility investors. Suggestions for transforming the existing regulatory structure abound. At the broadest level, such proposals reflect an established divide between energy policy, which traditionally focuses on economics and markets, and environmental law, which is based in the protection of natural resources and ecosystems. To marry the two ...


Economic Solutions To Nuclear Energy's Financial Challenges, Zachary Robock 2016 University of Michigan Law School

Economic Solutions To Nuclear Energy's Financial Challenges, Zachary Robock

Michigan Journal of Environmental & Administrative Law

This Note presents a legal, economic, and regulatory roadmap to drive long-term innovation in sustainable energy generation. Next-generation nuclear power, which fundamentally mitigates many safety and nuclear waste issues, is the focus of this Note; however, the economic concepts can be applied to encourage solar, wind, advanced battery, and other sustainable technologies with high upfront costs and low long-term variable costs. Advanced nuclear energy generation is economically competitive on a long-term levelized cost basis, but suffers from a timing issue—a large amount of capital is needed upfront, with repayment over several decades, during which time significant capital costs can ...


Drought And California's Role In The Colorado River Compact, Ciara Dineen 2016 Notre Dame Law School

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.


Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin 2016 Steptoe & Johnson LLP

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.


Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi 2016 Pace University School of Law

Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi

Dissertations & Theses

The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater ...


Environmental Law Jurisprudence And Associate Justice Antonin Scalia's Legacy, James R. May 2016 Widener Law

Environmental Law Jurisprudence And Associate Justice Antonin Scalia's Legacy, James R. May

James R. May

Associate Justice Antonin Scalia left a long and indelible jurisprudential shadow on environmental law. Over his nearly 30 years on the bench, the former professor of administrative law shaped—sometimes single-handedly—a multitude of areas that serve as stock-and-trade of environmental, energy, and natural resources lawyering across the nation. This article focuses on standing, takings, and deference to environmental agency rulemaking.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


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