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Articles 1 - 30 of 238
Full-Text Articles in Law
Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger
Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger
Michael Greenberger
No abstract provided.
Regulatory Theory, Matthew D. Adler
Regulatory Theory, Matthew D. Adler
All Faculty Scholarship
This chapter reviews a range of topics connected to the justification of government regulation, including: the definition of “regulation”; welfarism, Kaldor-Hicks efficiency, and the Pareto principles; the fundamental theorems of welfare economics and the “market failure” framework for justifying regulation, which identifies different ways in which the conditions for those theorems may fail to hold true (such as externalities, public goods, monopoly power, and imperfect information); the Coase theorem; and the different forms of regulation.
Appeal No. 0816: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0816: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2009-46
The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard
The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard
Amanda Coulthard
Extract: The substantive provisions of the Work Choices amendments to the Workplace Relations Act 1996 (Cth) came into effect on 27 March 2006. Work Choices fundamentally alters the regulation of workplace relations in Australia. It creates a (almost) national workplace relations system through its application of the constitutional corporations and by largely overriding the industrial relations legislation of the States and Territories. Significant among the changes made by Work Choices is the change to the traditional dispute resolution role performed by the Australian Industrial Relations Commission (the AIRC).
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
All Faculty Scholarship
This article examines the constitutionality of legislation creating a new form of independent agency – in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered it substantially immune from judicial review, empowered Board members to set their own salaries and budget, and gave the embattled Securities and Exchange Commission – not the President …
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Mercer Law Review
Administrative procedure is rarely the topic of after-hours conversations, trailing far behind baseball scores, what to eat, and famous personalities. However, the continuing creep of influence of administrative agencies impacts daily life far beyond casual observations. It is the work of administrative agencies that propels government on all fronts. This Article surveys chosen cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2008 through May 31, 2009. Cases from specific subject areas that one would expect to see in other articles contained in this volume have not been included unless points regarding administrative law …
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Translated Opinions
Facts: The Knesset enacted the Prisons Ordinance Amendment Law (no. 28), 5764-2004 (‘amendment 28’), which provides that the State of Israel will establish, for the first time, a (single) prison that will be operated and managed by a private corporation rather than by the state. The constitutionality of this law was challenged by the petitioners, who argued that amendment 28 disproportionately violated the rights of prison inmates as a result of the actual transfer of imprisonment powers to a private enterprise, and as a result of the concern that human rights in a private prison would be violated to a …
Contemporary Water Issues, Susan Kelly
Más Vale Maña Que Fuerza: A Propósito Del Abuso De Acciones Legales Y Las Normas De Libre Competencia, John Pineda Galarza, Héctor Figari Costa
Más Vale Maña Que Fuerza: A Propósito Del Abuso De Acciones Legales Y Las Normas De Libre Competencia, John Pineda Galarza, Héctor Figari Costa
John Pineda Galarza
El presente trabajo busca analizar el fundamento teórico del uso abusivo de acciones legales como una práctica para generar barreras de entrada al mercado. El análisis del mismo se desarrollará bajo la óptica de las normas de Libre Competencia buscando argumentar si la inclusión de dicha cláusula en el Decreto Legislativo Nº 1034, fue acertada o no.
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Rena I. Steinzor
The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …
Appeal No. 0796: Ava Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0796: Ava Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2008-04
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron
Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron
Danielle Keats Citron
The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …
Ernst Freund, Felix Frankfurter And The American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932, Daniel R. Ernst
Ernst Freund, Felix Frankfurter And The American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat—a government bound by fixed and definite rules—in an impressive body of scholarship between 1894 and 1915. In 1920 he eagerly took up an offer from the Commonwealth Fund to finance a comprehensive study of administration in the United States. Here was his chance to show …
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center
19 slides
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Best Practices for Community and Environmental Protection (October 14)
The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.
Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Best Practices for Community and Environmental Protection (October 14)
Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado
23 slides
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program
25 slides
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Gann, The Nature Conservancy
15 slides
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Best Practices for Community and Environmental Protection (October 14)
Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)
27 slides
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center
23 slides
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.
12 slides
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Best Practices for Community and Environmental Protection (October 14)
Presenter: Peggy Utesch, Movin' Forward Consulting
25 slides
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Best Practices for Community and Environmental Protection (October 14)
Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO
22 slides
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dr. Timothy Flynn, Primordial Solutions Inc.
42 slides
Slides: Bmp Project, Kent Kuster
Slides: Bmp Project, Kent Kuster
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)
17 slides
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Publications
No abstract provided.
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot
Scholarly Publications
Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray
American University Law Review
No abstract provided.