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- Publications (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Michigan Law Review (2)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
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- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Maine Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
- Scholarly Works (1)
- Touro Law Review (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (1)
- Western Water Law in Transition (Summer Conference, June 3-5) (1)
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Regulatory Abdication In Practice, Cary Coglianese
Regulatory Abdication In Practice, Cary Coglianese
All Faculty Scholarship
“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor her book …
George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse
George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse
Maine Law Review
The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong …
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
Michigan Telecommunications & Technology Law Review
When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a …
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Michigan Law Review
Section 202(h) of the Telecommunications Act of 1996, as amended, directs the Federal Communications Commission ("FCC") to review its media ownership rules every four years. But the statute contains an ambiguity regarding the standard of review that the FCC must apply during such proceedings. To retain a particular media ownership regulation, must the FCC merely show that the regulation advances one of the FCC's three public-interest goals for media: competition, diversity, and localism-applying a "public interest" standard? Or must the FCC meet the higher burden of demonstrating that the regulation is also indispensable for maintaining competition, diversity, or localism at …
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Scholarly Works
The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …
Understanding Mahon In Historical Context, William Michael Treanor
Understanding Mahon In Historical Context, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Despite its enormous influence on constitutional law, Pennsylvania Coal Co. v. Mahon is just such an opinion; the primary purpose of the author’s article Jam for Justice Holmes: Reassessing the Significance of Mahon is to clarify Holmes's intent by placing the opinion in historical context and in the context of Holmes's other opinions. While other scholars have also sought to place Mahon in context, his account differs in large part because of its recognition, as part of the background of Mahon, of a separate line of cases involving businesses affected with a public interest.
The author argues that at …
Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor
Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
When courts and commentators discuss Pennsylvania Coal Co. v. Mahon, they use the same word with remarkable regularity: famous. Mahon has achieved this fame in part because it was the occasion for conflict between judicial giants, and because the result seems ironic. Justice Oliver Wendell Holmes, Jr.--the great Lochner dissenter and a jurist generally considered a champion of judicial deference to legislatures in the sphere of economic decision-making--wrote the opinion striking down a Pennsylvania statute barring coal mining that could cause the surface to cave-in. Sharply dissenting from Holmes's opinion was his consistent ally on the Court, Justice Louis …
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff
Publications
No abstract provided.
Water Marketing And The Law, Mark Squillace
Water Marketing And The Law, Mark Squillace
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
13 pages.
Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, And Delegations Of Rulemaking Authority, David Schoenbrod
Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, And Delegations Of Rulemaking Authority, David Schoenbrod
Articles & Chapters
No abstract provided.
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson
Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
14 pages (includes 1 map).
Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield
Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
29 pages.
Contains references.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
51 pages.
Contains references.
The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning
The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning
Western Water Law in Transition (Summer Conference, June 3-5)
24 pages.
Contains references.
Legislative Formality, Administrative Rationality, Harold H. Bruff
Legislative Formality, Administrative Rationality, Harold H. Bruff
Publications
No abstract provided.
Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson
Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
11 pages.
Contains references.
Revenue Financing Of Public Enterprises, E. H. Foley Jr.
Revenue Financing Of Public Enterprises, E. H. Foley Jr.
Michigan Law Review
Courts have been slow to take judicial notice of the growing needs of local communities. Legislatures have restrained municipal corporations from engaging in business enterprises upon the assumption that the object was mere hope of gain, that the investment of municipal funds in such enterprises was simply a speculation, or that the effect was to divert municipal corporations from their legitimate ends and to poach upon the preserves of private enterprise. Novel municipal undertakings have been feared as an entering wedge of state socialism or governmental paternalism. Even when the instrumentality of private adventure was disposed to leave a need …