Standing Of Intervenor-Defendants In Public Law Litigation, 2012 University of Georgia School of Law
Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall
Scholarly Works
Unless the plaintiff has a personal stake in the outcome, Article III of the United States Constitution requires federal courts to dismiss a plaintiff’s claim for lack of standing. That much is clearly established by decades of precedent. Less understood, however, is the degree to which Article III also requires defendants to possess a personal stake. The significance of defendant standing often goes unnoticed in case law and scholarship, because the standing of the defendant in most lawsuits is readily apparent:any defendant against whom the plaintiff seeks a remedy has a personal interest in defending against the plaintiff’s claim.
But …
Will Grassroots Democracy Solve The Government Fiscal Crisis?, 2012 University of Missouri - Kansas City, School of Law
Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Cheslik
Faculty Works
No abstract provided.
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, 2012 University of Michigan Law School
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Michigan Law Review
In Granholm v. Heald, the Supreme Court held that states must treat instate and out-of-state alcoholic beverages equally under the dormant Commerce Clause and established a heightened standard of review for state alcohol laws. Yet in dictum the Court acknowledged that the three-tier distribution system-a regime that imposes a physical presence requirement on alcoholic beverage wholesalers and retailers-was "unquestionably legitimate." Though the system's physical presence requirement should trigger strict scrutiny, lower courts have placed special emphasis on Granholm's dictum, refusing to subject the three-tier distribution system to Granholm's heightened standard of review. This Note argues that the dictum should be …
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, 2012 University of San Francisco, School of Law
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.
Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management, 2012 Case Western Reserve University School of Law
Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2011-21 (Frick #2 & #6, Menzie #1, Carrel #2 Unit)
Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation, 2012 Case Western Reserve University School of Law
Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2011-18; (Beck Energy, Inc.; Bechter #1 Well)
We Didn't Start The Fire...And We Won't Pay To Stop It: Financing Wildfire Management In America's Wildland-Urban Interface, 2012 William & Mary Law School
We Didn't Start The Fire...And We Won't Pay To Stop It: Financing Wildfire Management In America's Wildland-Urban Interface, Garrett D. Trego
William & Mary Environmental Law and Policy Review
No abstract provided.
Rousseau, A Constituição De Cádis E A Renacença Portuguesa, 2012 Universidade do Porto
Rousseau, A Constituição De Cádis E A Renacença Portuguesa, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Todos os anos há muita coisa a comemorar. Comemoramos o que nos diz respeito, o que acarinhamos. Tal como os países consideram feriados os dias que mais dizem às forças políticas que em cada momento mandam. Comemorar Rousseau, a Constituição de Cádis e a Renascença Portuguesa parecem-nos a nós 3 celebrações importantes, no plano universal e europeu, ibero-americano e português. Não é serviço fúnebre, mas olhar de Janus, em que, contemplando o passado, se encara com nova face o futuro. Refletindo. Este ano são os centenários que vou pessoalmente comemorar, e ajudar a comemorar em conjunto. A menos que tenha …
Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", 2012 ITESM Campus Puebla
Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García
Bruno L. Costantini García
Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.
Remedying Wrongful Execution, 2012 Southern Methodist University Dedman School of Law
Remedying Wrongful Execution, Meghan J. Ryan
University of Michigan Journal of Law Reform
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …
Report Relative To The Land Use, Permitting, And Health (“Second Floor”) Operations Of The Town Of Hanson, Massachusetts, 2012 University of Massachusetts Boston
Report Relative To The Land Use, Permitting, And Health (“Second Floor”) Operations Of The Town Of Hanson, Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston
Edward J. Collins Center for Public Management Publications
The Town of Hanson retained UMass Boston’s Edward J. Collins, Jr. Center for Public Management to perform an assessment of ways to increase efficiency and effectiveness within the Town government. This report addresses the “second floor” departments, which include: Building Inspections (along with wiring, plumbing, etc.), Conservation, Health, Planning, and Zoning.
While the first floor departments are doing the work to keep Hanson functioning today, the second floor departments are doing the work to keep Hanson strong tomorrow, protecting the resources of the Town for the future. “Resources” should be taken in the broadest sense of the term, which would …
Report Relative To The Finance And Administration (“First Floor”) Operations Of The Town Of Hanson, Massachusetts, 2012 University of Massachusetts Boston
Report Relative To The Finance And Administration (“First Floor”) Operations Of The Town Of Hanson, Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston
Edward J. Collins Center for Public Management Publications
As with almost all Massachusetts municipalities, the Town of Hanson has faced several fiscally challenging years and is likely to continue facing fiscal challenges for the foreseeable future. This has led to a situation of interconnected operational, budget, personnel, and morale challenges. Despite these, there is definitely a sense that the Town is, at least in some areas, starting to move in the right direction. The Town retained the Collins Center to perform an analysis of operations that includes recommendations for ways to increase efficiency and effectiveness, as well as additional recommendations that may improve Town operations or service delivery. …
Waiving Innocence, 2012 Florida State University College of Law
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson
Scholarly Works
This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …
Inside Agency Preemption, 2012 New York University School of Law
Inside Agency Preemption, Catherine M. Sharkey
Michigan Law Review
A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording of its statutory directives as a clue to its intent to displace state law. Federal agencies were, if not ignored, certainly no more than supporting players. But the twenty-first century has witnessed a role reversal. Federal agencies now play the dominant role in statutory interpretation. The U.S. Supreme Court has recognized the ascendancy of federal agencies in preemption disputes-an ascendancy …
Agenda: Air Quality Impacts From Oil And Gas Development, 2012 University of Colorado Law School
Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Air Quality Impacts from Oil and Gas Development (January 27)
Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.
Slides: Air Monitoring And Litigation Update, 2012 University of Colorado Law School
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Slides: Hydrofracking: Air Issues And Community Exposure, 2012 University of Colorado Law School
Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.
19 slides
Slides: Unconventional Gas And Oil – Potential Air Emissions, 2012 University of Colorado Law School
Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations
10 slides
Slides: Air Quality - Oil And Gas Development, 2012 University of Colorado Law School
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level
8 slides