Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2012

Public Affairs, Public Policy and Public Administration

Institution
Keyword
Publication

Articles 1 - 30 of 161

Full-Text Articles in Law

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp Dec 2012

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed ...


Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp Dec 2012

Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.

Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the ...


Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture Dec 2012

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.


Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center Dec 2012

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law School ...


Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar Dec 2012

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.


Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli Dec 2012

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections ...


Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein Dec 2012

Funding Health-Related Vr Services: The Potential Impact Of The Affordable Care Act On The Use Of Private Health Insurance And Medicaid To Pay For Health-Related Vr Services, Robert Silverstein

All Institute for Community Inclusion Publications

One of the myriad of issues affecting the administration of the vocational rehabilitation (VR) program by State VR agencies under Title I of the Rehabilitation Act is how to maximize access to and use of all available funding sources to pay for VR services and supports for VR applicants and clients. In March 2010, Congress passed and the President signed into law the "Affordable Care Act" (ACA). 1 On June 28, 2012, the United States Supreme Court upheld all of the provisions of the ACA, with the exception of provisions mandating Medicaid expansion. The Supreme Court held that if a ...


Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter Dec 2012

Neoclassical Labor Economics: Its Implications For Labor And Employment Law, Michael L. Wachter

Faculty Scholarship at Penn Law

Whereas law and economics appears throughout business law, it never caught on in legal commentary about labor and employment law. A major reason is that the goals of the National Labor Relations Act (NLRA), the country’s foundational labor law, are at war with basic principles of economics. The lack of integration is unfortunate if understandable. Notwithstanding the NLRA’s normative goal to keep wages out of competition, economic analysis applies as centrally to labor markets as to any other market.

One of the NLRA’s primary goals is to equalize bargaining power. Its drafters envisioned achieving this goal through ...


The Striking Success Of The National Labor Relations Act, Michael L. Wachter Dec 2012

The Striking Success Of The National Labor Relations Act, Michael L. Wachter

Faculty Scholarship at Penn Law

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial peace.

Before the NLRA and the 1947 Taft-Hartley Amendments, our industrial relations system gave rise to frequent and violent strikes that threatened the nation’s stability. For example, in the late 1870s, the Great Railroad Strike spread throughout a number of major cities. In Pittsburg alone, strikes claimed 24 lives, nearly 80 buildings, and over ...


Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center Nov 2012

Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

This workshop is cosponsored by the Intermountain Oil and Gas BMP Project and the Colorado Water and Energy Research Center, with financial support from the Environmentally Friendly Drilling Project and the CU-Boulder Outreach Committee.

The Colorado Oil and Gas Conservation Commission (COGCC) recently initiated a rule making process to develop new, statewide regulations for baseline sampling and monitoring of groundwater near new oil and gas wells. COGCC’s first rule making hearing was held November 14; the rule is expected to be finalized December 10. This workshop will discuss oil and gas development procedures that can impact groundwater, the current ...


Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger Nov 2012

Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenters: Kathryn Mutz and Josh Kruger, Natural Resources Law Center, University of Colorado Law School

7 slides


Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams Nov 2012

Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Mark Williams, University of Colorado Boulder

14 slides


Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis Nov 2012

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides


Slides: What Went Wrong At Divide Creek?, Matthew Sura Nov 2012

Slides: What Went Wrong At Divide Creek?, Matthew Sura

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Attorney Matthew Sura, Former Director of Western Colorado Congress, graduate of University of Colorado Law School; attorney specializing in representation of landowners and mineral owners in oil and gas transactions and disputes

17 slides


Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center Nov 2012

Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

1 page.

"For Further Information" (URLs):

COGCC

Rules and Proposed Rules from Other Jurisdictions

Sampling Protocols

Impacts


Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez Nov 2012

Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Christopher J. Sanchez, P.G., BBA Water Consultants, Bishop-Brogden Associates, Inc.

28 slides


Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino Nov 2012

Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Gene Florentino, PG, Walsh Environmental Scientists and Engineers

14 slides


Slides: Colorado’S Groundwater Protection Program, Andrew Ross Nov 2012

Slides: Colorado’S Groundwater Protection Program, Andrew Ross

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Andrew Ross, Colorado Department of Public Health and Environment

22 slides


Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission Nov 2012

Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

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

16 slides


Slides: Research On Ground Water Monitoring, Matt Samelson Nov 2012

Slides: Research On Ground Water Monitoring, Matt Samelson

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation

12 slides


The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin Nov 2012

The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this ...


Emergency Preparedness And Public Health: The Lessons Of Hurricane Sandy, Tia Powell, Dan Hanfling, Lawrence O. Gostin Nov 2012

Emergency Preparedness And Public Health: The Lessons Of Hurricane Sandy, Tia Powell, Dan Hanfling, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

When Hurricane Sandy hit downtown Manhattan, three neighboring hospitals each made different decisions about when to evacuate. Across the metro region, more than five hospitals and over 20 nursing and assisted living facilities were evacuated, making this the central public health challenge of this calamitous event. It is a familiar story—a super storm comes ashore, infrastructure is overwhelmed, and healthcare facilities evacuate patients, with major delays in returning to normal functioning. Afterwards, policy makers evaluate lessons learned for the next disaster, but similar missteps are often repeated.

Although not identical, it is instructive to compare Hurricane Katrina with the ...


Problematique, David A. Westbrook Nov 2012

Problematique, David A. Westbrook

Other Scholarship

No abstract provided.


2011-12 Arkansas Open-Enrollment Charter School Test Results, Reed Greenwood, Gary W. Ritter Oct 2012

2011-12 Arkansas Open-Enrollment Charter School Test Results, Reed Greenwood, Gary W. Ritter

Policy Briefs

Charter schools are receiving more attention in Arkansas and across the nation, as the number of these public schools of choice in Arkansas fluctuates each year. Some charters have been closed, while new ones have been opened. Further, in many media outlets, charter schools are often lumped together as one entity. However, ‘charter school’ is not a blanket term. They are separate schools run under separate charter documents with different operators. In Arkansas, there are two types of charter schools: conversion charter schools and openenrollment charter schools. Conversion charter schools are governed by the leadership in the district in which ...


Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard Oct 2012

Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

Despite the imposition of increasingly substantial fines and recently successful efforts to impose individual liability on corporate executives under the Park doctrine, punishing pharmaceutical companies and their executives for unlawful promotional activities has not been as successful in achieving compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) as the protection of the public health demands. Over the past decade, the Food and Drug Administration (FDA) and the Department of Justice (DOJ) have shifted their focus from correction and compliance to a more punitive model when it comes to allegedly unlawful promotion of pharmaceuticals. The shift initially focused on imposing monetary penalties and was arguably justified by the expectation that financial punishment would achieve a level of compliance that would reduce the need for correction. By exacting enormous fines from companies, the agencies presumably hoped that the costs associated with unlawful promotion would be too high to justify the monetary benefits of non-compliance. Unfortunately, however, that approach has not been entirely successful. Despite the growth in settlements and penalties, and the recent efforts to hold individual executives liable for corporate misbehavior, the intended impact of substantially increased compliance has only partially materialized. The upward spiraling of settlement amounts and the trend toward prosecuting repeat offenders indicate that a change in approach is necessary.

This article argues that FDA and DOJ cannot justify a continued emphasis on punishment without more demonstrable improvement in compliance and corporate accountability.

The article goes on to describe several proposals to refocus the agencies’ efforts to effectively address the impact of unlawful promotion on public health by returning to an approach that emphasizes the more traditional goals of correction and compliance. It also argues that any meaningful protection of the public health ultimately requires a broader public understanding of the issues surrounding unlawful promotion of pharmaceutical products and greater participation by patients; physicians; health care professionals; and others with an interest in, and the opportunity to, impact this area. Increasing the public’s ability and interest in monitoring companies’ promotional activities at every level will reinforce the benefits of compliance, which will better serve the public health goals of the FD&C Act.


Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer Oct 2012

Nuclear Arms Control: Challenges And Opportunities In 2013, Steven Pifer

Brookings Scholar Lecture Series

U.S. nuclear arms control policy must address numerous factors, including our strategic relationships with Russia and China, the potential for future nuclear weapons reductions--including non-strategic nuclear weapons, and the offense-defense relationship, given concerns that missile defense developments could in the future affect the nuclear balance. Washington DC must also consider its obligations under the Non-Proliferation Treaty, how to dissuade new countries from joining the nuclear weapons ranks, and what to do about the Comprehensive Test Ban Treaty, which the United States has signed but not ratified. This presentation will explore challenges and opportunities facing Washington DC in the aftermath ...


Antitrust And The Costs Of Movement, Herbert J. Hovenkamp Oct 2012

Antitrust And The Costs Of Movement, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Antitrust is rightfully concerned about the structure of markets as well as the bargaining that occurs in them. As a result, the absolute cost of redeploying resources can be just as important as the transaction costs of arranging for their movement. This paper examines several broad themes in antitrust, considering the role of various assumptions about the costs of getting resources moved toward superior positions and the ability of the antitrust system to facilitate this movement. Part II very briefly examines structuralism as a theory underlying antitrust enforcement, particularly its assumptions about the difficulty and costs of moving resources. Harvard ...


Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp Oct 2012

Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Standard Setting is omnipresent in networked information technologies. Virtually every cellular phone, computer, digital camera or similar device contains technologies governed by a collaboratively developed standard. If these technologies are to perform competitively, the processes by which standards are developed and implemented must be competitive. In this case attaining competitive results requires a mixture of antitrust and non-antitrust legal tools.

FRAND refers to a firm’s ex ante commitment to make its technology available at a “fair, reasonable and nondiscriminatory royalty.” The FRAND commitment results from bidding to have one’s own technology selected as a standard. Typically the FRAND ...


Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds Oct 2012

Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds

MPA Capstone Projects 2006 - 2015

In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or ...


A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda Oct 2012

A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda

Independent Study Project (ISP) Collection

Although the experiences of Nicaraguan immigrants to Costa Rica have been well-studied, the investigation of this topic through the lens of the construction of public policies is missing. Through the testimonies of Nicaraguans that emigrated or still live and work in Costa Rica, I learned that immigrants, especially those that are undocumented, are vulnerable to the violation of their rights, for example, through the lack of access to public services or mistreatment by their bosses. Because of these violations, it is necessary to examine the topic of the immigration policies of both countries because they influence the treatment and integration ...