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Utah Department Of Transportation, Appellee-Petitioner­ Cross-Respondent V. Coalt, Inc.,Appellant-Respondent­ Cross-Petitioner : Brief Of Petitioner Utah Department Of Transportation

Utah Supreme Court Briefs (1965 –)

On writ of certiorari to the Utah Court of Appeals

It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig

Utah Law Faculty Scholarship

Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.

In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …

Making Colorado's Rivers A (Senior) Priority, Zach Smith

Water Law Review

No abstract provided.

Cities, Inclusion And Exactions, Audrey Mcfarlane, Randall K. Johnson

Articles

Cities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

Robocar Risks, Michael Lewyn

Scholarly Works

Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.

The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn

Scholarly Works

Environmentalists generally favor compact, walkable development, because development that reduces automobile use may reduce automobile-related pollution. Defenders of suburban sprawl argue, however, that compact development may actually increase pollution in a variety of ways. This article criticizes the latter argument.,

Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc

Animal Law Review

No abstract provided.

Deadly Dust: Occupational Health And Safety As A Driving Force In Workers’ Compensation Law And The Development Of Tort Doctrine And Practice, George Conk

Faculty Scholarship

No abstract provided.

The Colorado River Revisited, Jason Anthony Robison

University of Colorado Law Review

Fifty years ago, former Stanford Law School Dean Charles Meyers published The Colorado River, 19 STAN. L. REV. 1 (1966), arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows-colloquially, the "Law of the River." That piece and a companion, The Colorado River: The Treaty with Mexico, 19 STAN. L. REV. 367 (1967), offered seminal accounts of the legal histories, doctrinal features, and unresolved perplexities of the Law of the River's international and interstate allocation framework. Five decades later, between thirty-five and forty million U.S. residents …

Digging Up The Dirt: China's Exploitation Of Transgenic Seed Approvals, Lucas A. Westerman

University of Colorado Law Review

In 2013, China rejected shipments of U.S. corn imports due to the presence of an unapproved transgenic trait, creating an international trade disruption that sent ripples throughout the U.S. agriculture industry and grain markets. Syngenta, the seed company that began selling the trait to U.S. farmers prior to receiving China's import approval, largely shouldered the blame. U.S. farmers held Syngenta singularly liable and initiated a class action in an attempt to force Syngenta to pay for the drop in grain prices due to the disruption. The highly publicized domestic legal dispute left China's opportunistic actions largely unnoticed. The time has …

Faculty News

Sooner Lawyer Archive

No abstract provided.

Gallogly Family Foundation Public Interest Fellowships: Helping Ou Law Grads Impact Society, Mackenzie A. Dilbeck, Jonella Frank

Sooner Lawyer Archive

No abstract provided.

Sooner Lawyer, Fall 2016/Winter 2017

Sooner Lawyer Archive

No abstract provided.

Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt

BYU Law Review

One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to finality …

When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …

Legal And Policy Approaches To Reduce Marine Debris In New England, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch

Journal of Environmental and Sustainability Law

No abstract provided.

When States' Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …

Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty

Duke Law & Technology Review

Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from …

Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Un Environment Guide For Energy Efficiency And Renewable Energy Laws, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This Guide is written as a sequel to the 2007 UN Environment Programme Handbook for Legal Draftsmen on Environmentally Sound Management of Energy Efficiency and Renewable Energy Resources.

This Guide, as the Handbook, is written in response to needs expressed, particularly by energy efficiency and renewable energy project initiators, government officials, energy managers, project developers and particularly developing country energy legal draftsmen, asking for assistance in drafting legislative provisions for promotion and implementation of sound energy efficiency and renewable energy programs.

The Guide describes the key legal issues associated with efficiency and renewable energy resource development, and presents legislative options …

Mdpi Annual Report 2015: Academic Open Access Publishing Since 1996, Multidisciplinary Digital Publishing Institute (Mdpi)

Copyright, Fair Use, Scholarly Communication, etc.

3 20 YEARS OF OPEN ACCESS PUBLISHING

5 2015 KEY FIGURES

5 Papers Published in MDPI Journals by

Region

5 Geographical Distribution of Authors and

Reviewers

5 Publication by Subject Area

5 Growth Based on Published Articles

6 Summary of Key Performance Indicators

6 Readership

6 Quality of Service

6 Papers Published in Flagship Journals

7 2015 FINANCIAL INFORMATION

7 Information on Article Processing Charges

7 Sources of Income

8 JOURNAL IMPACT FACTOR

DEVELOPMENT

8 Impact Factors

9 Journal Rankings by Quartile in Science

Citation Index Expanded ( SCIE )

10 NEW JOURNALS LAUNCHED IN 2015

11 SCIFORUM CONFERENCES IN …

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.

From Santa Barbara To Macondo To Sems, David M. Hunter, Kara Mcqueen-Borden

LSU Journal of Energy Law and Resources

No abstract provided.

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Reevaluating Wilderness Classification And Management In The Face Of Climate Change: A Reconsideration Of Values And Ecology, Katherine Fiedler

Pace Environmental Law Review

In recognizing that the very nature of wilderness is a human construct, the values sought to be preserved can and should be reevaluated, considering the importance of wilderness in light of climate change and global ecosystem resilience, as well as how wilderness is designated and managed. Furthermore, the values that wilderness provides us will dramatically increase as climate change proceeds. Section II of this article describes the basics of wilderness protection, including the evolution of our relationship with wilderness, the history of the Wilderness Act, and what, how, and why wilderness is protected under the Act. Section III explores how …

Destructive Collectivism: Dodd-Frank Coordination And Clearinghouses, Yuliya Guseva

Cardozo Law Review

The recent financial crises have generated strenuous academic debates on the fundamental premises of market regulation. The interaction between the state and the market is at the core of this discourse. A plethora of postcrisis reforms threaten to undermine the historical monopoly of centralized regulators through more coordinated, "collectivist" approaches to capital market regulation. The dangers of this new collectivism are not fully explored in the current scholarship.

This Article questions the Dodd-Frank coordination mechanisms by demonstrating that crucial benefits may result from the predictability of a linear market-regulator interaction in a cooperative environment. An example of such a successful …

Dari Kyoto Protocol 1997 Ke Paris Agreement 2015 : Dinamika Diplomasi Perubahan Iklim Global Dan Asean Menuju 2020, Andreas Pramudianto

Global: Jurnal Politik Internasional

Setelah kegagalan di Copenhagen, Denmark pada Conference of the Parties (COP) ke-15 UNFCCC tahun 2009 yang hanya menghasilkan dokumen yang tidak mengikat secara hukum (non legally binding) yaitu Copenhagen Accord, banyak negara serta pihak lainnya merasa pesimis mengenai kepastian masa depan perundingan rezim perubahan iklim. Periode Komitmen ke-II Protokol Kyoto 1997 yang sudah akan berakhir di tahun 2018, membutuhkan kepastian untuk keberlanjutannya. Sementara itu Russia, Jepang dan Kanada sudah menegaskan untuk tidak berpartisipasi dalam Periode Komitemen ke-II. Namun suramnya perundingan rezim perubahan iklim tidak berlangsung lama. Periode Komitmen ke-II Protokol Kyoto 1997 diperpanjang hingga 2020. Sementara itu pengganti protokol ini …

When Meaningful Writing Reflects Vincentian Values, Michele Eodice, Anne Ellen Geller, Neal Lerner

Journal of Vincentian Social Action

In The Meaningful Writing Project – our study of over 700 seniors at three universities – students describe how education values are embodied in writing projects in and out of school. In brief, our results show that students find meaning when they are invited to tap into the power of personal connection, see what they are writing as applicable and relevant to the real world, imagine their future selves, immerse themselves in what they are thinking and writing about, and experience research for learning. In many cases, the experiences students reported are aligned with Vincentian values for higher education, namely …

Bolsa Nuevo & Moro Cojo - Diseños, Glo No. 245, Apn 125, Apn 127, Apn 129, Apn 131, Apn 133 Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …