Law Commons^™

Judicial Review Of Administrative Acts In The European Union And In France: A Comparison., Natasha Buontempo

Natasha Buontempo

No abstract provided.

Administrative Agencies, Garrett Elmore

Cal Law Trends and Developments

The past year has seen a cross section of administrative law at work. If there is any discernible trend, it is that both the California courts and the California legislature seem keenly aware of the problems of balance that are involved in agency procedures and in the judicial review of an agency's act or decision. It may be speculated that in such balancing, continued attention will be given to such matters as prehearing discovery and conferences, the adequacy of findings of fact in particular situations, and the relationship between administrative remedies and court determinations.

This article will consider the year's …

Imperfect Principals And Lobbyist Agency Costs, Jack M. Beermann

Shorter Faculty Works

One of the secrets to scholarly success is picking interesting topics. It also helps if your analysis makes an interesting topic even more interesting. That’s exactly what Matthew Stephenson and Howell Jackson have done in their essay Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System, 47 Harv. J. Legis. 1 (2010). In this well-written and engaging essay, Stephenson and Jackson describe how principal-agent problems manifest themselves in the lobbying context and hypothesize on how these manifestations might affect public policy outcomes.

Wherever there are principals and agents, there are principal-agent problems, but the lobbying context …

Slides: A Working Model For Oil And Gas Produced Water Treatment, Lee Schafer

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Lee Schafer, Integrity Production Services, Inc., for Anticline Disposal LLC

11 slides

Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado at Boulder

21 slides

Slides: Drilling Waste, Blake Scott

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Blake Scott, Scott Environmental Services, Inc.

24 slides

Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

A public workshop to discuss “Opportunities and Constraints to Reducing the Environmental Footprint of Natural Gas Development” was held in Vernal, Utah on October 14, 2010 at the Vernal campus of Utah State University. The workshop was sponsored by Utah State University, The Bingham Energy Research Center; The University of Colorado Natural Resources Law Center; and the Houston Advanced Research Center, Environmentally Friendly Drilling Program.

The meeting included presentations and panel discussions on:

• Trends and environmental issues related to natural gas development
• Examples of environmental innovations being used in the Uintah Basin
• Examples of innovation & tools from outside the …

Slides: Engaging Stakeholders, Duane Zavadil

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Duane Zavadil, Bill Barrett Corporation

5 slides

Slides: Acts: Anadarko Completion Transport System, Jeff Dufresne

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Jeff Dufresne, Completions Manager, Anadarko Corporation

18 slides

Slides: The Environmentally Friendly Drilling Systems Program, David Burnett

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: David Burnett, Texas A&M University and Houston Advanced Research Center

44 slides

Slides: Enhanced Reclamation Program, Stephanie Tomkinson

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Stephanie Tomkinson, Senior Biologist, QEP Company

33 slides

Slides: Geospatial Decision Support For Shale Gas Site Development, Malcolm Williamson, Jackson Cothren, Peter Smith

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Malcolm Williamson, Center for Advanced Spatial Technologies, University of Arkansas

50 slides

Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus

37 slides

Nepa In The Hot Seat: A Proposal For An Office Of Environmental Analysis, Aliza M. Cohen

University of Michigan Journal of Law Reform

Judicial deference under the National Environmental Policy Act (NEPA) can be problematic. It is a well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledging the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Agency …

Ley Antimonopolios: Pros Y Contras, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Protocolo De Investigación “La Flexibilidad En El Procedimiento De Licitación Pública Federal De México”, Norma E. Pimentel

Norma E Pimentel

No abstract provided.

A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs

Law Publications

In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground. She …

Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance, Hoseph #1D Well (Everflow Eastern Partners, L.P.)

Government Transparency And The Obama Era, Ross Schulman

Legislation and Policy Brief

Government transparency has been a focus of President Barack Obama’s campaign and administration, but effort has been expended on programs that have emphasized policy and legislative transparency over ethical and data transparency. This emphasis is misplaced. During the 2008 Presidential Election, the Obama campaign tapped into a large reserve of predominantly younger people who demanded a connection with the candidates before them. A large part of that connection was focused on the transparency that came from this highly networked campaign. President Obama’s campaign in particular embodied that approach, both through its promises and its actions. Now that the Obama administration …

The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth

Legislation and Policy Brief

While the enactment of the Honest Leadership and Open Government Act of 2007 (HLOGA) in Congress shifted the lobbying industry towards heightened transparency and stronger ethics, future reforms of the executive branch threatened the constitutional rights of lobbyists. As the following pages summarize, the collective forces of the 2008 presidential campaign, executive ethics order, and stimulus restrictions also endangered the success of the congressional response. An examination of the Obama Administration’s executive directives and an exploration of the constitutional issues implicated in the ARRA guidance on stimulus funds reveal that disclosure and enforcement are more effective (and constitutional) methods to …

Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell

Legislation and Policy Brief

To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.

“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan

Legislation and Policy Brief

This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …

“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin

Legislation and Policy Brief

In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …

Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman

Legislation and Policy Brief

In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …

Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin

Legislation and Policy Brief

Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.

Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert

Legislation and Policy Brief

On February 17, 2009, less than thirty days after his inauguration, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA). This new law was one of many measures from the new administration designed to quickly stimulate the ailing American economy. The $789 billion package was divided between direct government spending, tax reductions and financial relief to states and individuals. The bill contains $285.6 billion in tax reductions, which is about 36.3% of the legislation. In this article, I will analyze some of the tax provisions that were written into ARRA, and attempt to assess their …

Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow

Legislation and Policy Brief

This paper examines the current structure of universal service and the FCC’s Universal Service Fund, recent pushes to expand the definition of and funding for universal service to include broadband access, and how broadband internet can contribute to saving the ailing economy. This paper concludes by calling for the inclusion of broadband internet in the Universal Service Fund.

Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker

Legislation and Policy Brief

Today, there are very different public financing rules for both the general and primary election. In the primary, if a candidate meets the requirements for public funding, the federal government will match up to $250 of an individual’s total contributions to an eligible candidate. In order for this to occur, candidates must adopt strict finance limits. In the general election, if an eligible candidate accepts public funding, he or she must cease fundraising after the conclusion of the primaries, and spend the public funding that the Federal Election Commission (FEC) grants them. This money covers all campaign expenditures, except for …

Public Financing's Last Breaths, Kellen Clemons

Legislation and Policy Brief

After this peculiar and unique election cycle, the public financing laws will have to be redeveloped in order to have any bearing on future elections. Without some change to the rules, candidates will continue to opt out and use the Internet and grassroots initiatives to out-raise one another, to the possible disadvantage of the goals of the public finance system. In essence, this election cycle has seen politics destroy the current public financing system. Through the advisory opinions of the Federal Election Commission and the decisions of the major candidates to opt out of public financing, the role of the …

The Model Rules Of Professional Conduct And Political Campaign Activities, Lauren Gilius

Legislation and Policy Brief

This article will examine whether the American Bar Association’s (“ABA”) Model Rules of Professional Conduct (“Model Rules”) should apply to lawyers in situations where a lawyer-candidate or a lawyer involved in a disingenuous political campaign activity, particularly when the lawyer was not convicted on criminal charges. Though the American Bar Association said that the Model Rules apply to dishonesty, fraud, deceit or misrepresentation by lawyers, even when acting in a non-professional capacity, the support for applying the Rules in this context is lacking.

This article will first briefly discuss the development of applying the Model Rules to the non-professional conduct, …