Law Commons^™

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Faculty Scholarship

This policy proposal makes the case for opening Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs) — both well-established investment structures — to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy.

Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Paul Chinowsky, Director, Mortenson Center in Engineering for Developing Communities; Professor, University of Colorado

25 slides

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Faculty Scholarship

This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane

Education Reform Faculty and Graduate Students Publications

James G. Blaine was a prominent American politician of the late 19th Century. Although Blaine was an unsuccessful Republican candidate for President in 1884, U.S. Secretary of State, Speaker of the House, and a Senator from Maine, his primary legacy was the enshrinement of "anti-aid" amendments in the constitutions of 39 U.S. states. These so-called "Blaine Amendments" were designed to prohibit government funds from supporting "sectarian" religious organizations such as schools and charities. In Blaine's day, "sectarian" was widely understood to be a euphemism for "Catholic". Nondenominationally Protestant organizations such as the public schools of the day were considered to …

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).

"Scott Miller ed."

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).

Mobilizing Public Markets To Finance Renewable Energy Projects: Insights From Expert Stakeholders, Paul Schwabe, Michael Mendelsohn, Felix Mormann, Douglas J. Arent

Faculty Scholarship

Financing renewable energy projects in the United States can be a complex, time consuming, and expensive process. Currently, most equity investment in new renewable power production facilities is supported by tax credits and accelerated depreciation benefits, and is constrained by the pool of potential investors that can fully use these tax benefits and are willing to engage in complex financial structures. For debt financing, non-government lending to renewables has largely been provided by foreign banks that may be under future lending constraints due to economic and regulatory conditions.

To discuss these and other renewable energy financing challenges and to identify …

Vol. 3 No. 2, Spring 2012; Illinois Supreme Court: Overturn Thompson V. Gordon And Protect Design Professionals From Unbargained-For, Extra-Contractual Obligations, Daniel Nunney

Northern Illinois Law Review Supplement

This Note addresses how Illinois courts conduct contract interpretation and define the scope of contractual duties for design professionals. It discusses how the appellate court in Thompson v. Gordon improperly interpreted the contract in question, and how the court incorrectly followed applicable Illinois precedent when defining the scope of contractual duties for an engineer. It addresses the short- and long-term practical impacts of the Thompson decision, and also addresses a number of policy considerations associated with the majority's ruling. In sum, this Note advocates that it was necessary for the Illinois Supreme Court to overturn the Thompson decision.

S12rs Sgr No. 24 (Hb 407), Taylor, Guarisco, Caffarel

Student Senate Enrolled Legislation

No abstract provided.

Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena

Master's Capstone Projects

Strengthening the Education Management Information System (EMIS) in Tanzania is an important task, as the government needs quality data and information to support the creation of sound policies, making plans and managing educational resources. Well-functioning EMIS can ensure achievement of national goals to provide quality education, which is the basis for facilitating economic growth and sustainable development. The government also needs quality data and information in order to enhance monitoring and evaluation of the education sectors’ performance and ensure the right direction for achieving the intended goals and objectives.

Creating a sustainable and efficient EMIS is a challenge that requires …

A License To Grow: Ending State, Local, And Some Federal Barriers To Innovation And Growth In Key Sectors Of The U.S. Economy, Brian J. Broughman, Brink Lindsey, Anthony J. Luppino, Karl S. Okamoto, Mark C. Suchman, Robert E. Litan, Larry E. Ribstein

Faculty Works

This white paper outlines some of the remaining state barriers and a few federal ones and how they prevent disruptive innovations by entrepreneurs and established firms alike that potentially could bring new and more efficient business models to the market. In the case of the legal sector, the barriers we identify not only adversely affect legal innovation, but also impede innovation in other sectors of the economy. Similarly, in health care, pharmaceuticals, K-12 education, the financing of growth businesses, and many consumer services, legal obstructions hinder innovation and the provision of efficient, affordable, high-quality services and products. We conclude by …

Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner

Faculty of Law - Papers (Archive)

Climate is a major factor in the habitat, food chains, competition, success and survival of species. Contemporary distributions and abundance of marine species and communities reflect adaptation to geologically recent climatic conditions and the impacts of human activities. Warming of the atmosphere and seawater has occurred in association with increasing levels of atmospheric carbon dioxide since the start of the twentieth century. Despite continuing scientific research and wider discussion of the relative roles of anthropogenic greenhouse gas increases and other influences on climate, climate change is occurring. The policy and legal issues have two core components: response to the effects …

Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield

Faculty of Law - Papers (Archive)

The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Faculty Scholarship

A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.

Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the NIH …

"Fasten Your Seat Belt, Orville!": Exploring The Relationship Between State-Of-The-Art, Technological And Commercial Feasibility, And The Restatement'S Reasonable Alternative Design Requirement, Richard C. Ausness

Law Faculty Scholarly Articles

This Article begins by examining some of the case law involving the state-of-the-art concept and finds that it is principally concerned with technological feasibility. It also concludes that most cases do not treat state-of-the-art as conclusive on the design defect issue; rather, they merely consider it one of several factors that the fact finder may take into account when deciding whether a product's design is defective or not. Part II is concerned with technological development. This part examines two basic patterns of technological development and provides a number of historical examples for each. The first is a linear pattern, exemplified …