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Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Slides: The Real Biofuel Cycles And The Earth, Biofuels, And Reality, Tad W. Patzek

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Tad W. Patzek, Professor of Petroleum Engineering, University of California at Berkeley, Berkeley, CA

2 pages and 29 slides.

Contains footnotes.

Slides: The Moral And Political Challenges Of Climate Change And Ethics And Climate Change, Dale Jamieson, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Dale Jamieson, Professor, New York University, New York NY.

Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

9 pages and 13 slides.

Contains references.

Slides: Climate Change And Water Resources And Risa Regional Integrated Sciences And Assessments: Building Bridges Between Climate Sciences And Society, Brad Udall

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Brad Udall, Executive Director, CIRES Western Water Assessment.

31 slides.

Slides: Climate Change And … The Future Of The American West, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter and Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

15 slides.

Slides: Planning For Sustainable Growth: Main Street Revitalization, Katherine Cornwell

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Katherine Cornwell.

33 slides.

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele R. Pistone, John J. Hoeffner Esq.

Working Paper Series

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …

Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made available …

Use And Effectiveness Of Contract Schedule Incentives In Air Force Materiel Command, Rodrick A. Koch

Theses and Dissertations

Are contract schedule incentives utilized by our acquisition contracting workforce, and if so what are their effectiveness? This research shows there is not widespread use of these types of incentives. There is also disagreement on their perceived effectiveness. Surveying, via email, the population of contracting officers and buyers within Air Force Materiel Command yielded responses from every center and many large acquisition systems. Only 8.5% of responses showed that they use schedule incentives. These respondents claim that schedule incentives are somewhat effective, yet of the 91.5 % that have not used them, 2-to-l say they would not be effective. The …

A Hard Pill To Swallow- Does Schering V. Geneva Endanger Research And Development Within The Pharmaceutical Industry?, Alfredo De La Rosa

ExpressO

Recently the Federal Circuit has adopted a sweeping new rule of inherent anticipation that essentially bars the patenting of metabolites and other in vivo biological degradations of chemical compounds. The new rule, adopted in SCHERING v. GENEVA, could substantially affect both the willingness and ability of pharmaceutical companies to develop new drugs if they cannot be assured that patent protection will be available, regardless of whether the patented compound existed undiscovered in a prior art reference. This paper explores the evolution of the doctrine of inherent anticipation, the manner in which Federal Circuit has chosen to address the issue in …

Would Banning Firearms Reduce Murder And Suicide? A Review Of International Evidence, Don B. Kates, Gary A. Mauser

ExpressO

The world abounds in instruments with which people can kill each other. Is the widespread availability of one of these instruments, firearms, a crucial determinant of the incidence of murder? Or do patterns of murder and/or violent crime reflect basic socio-economic and/or cultural factors to which the mere availability of one particular form of weaponry is irrelevant?

This article examines a broad range of international data that bear on two distinct but interrelated questions: first, whether widespread firearm access is an important contributing factor in murder and/or suicide, and second, whether the introduction of laws that restrict general access to …

Protecting Menard’S Quixote: A Return To The Strict Originality Standard In Copyright Law, Daniel R. Connolly

ExpressO

Copyright protection extends to “original” works. The adjective “original” here means a work that originated with its purported author, and is not meant to impute any novelty requirement to copyright law. However, case law and literature offer up several odd examples where two individuals have independently created identical works of art. The theory underlying copyright law requires that, because each work originated independently from separate authors, each work be independently copyrightable. Applying this strict, objective standard of originality to the transformative arts, we begin to see new possibilities for grounding copyrights in parodies and satires. Under current law, parodies escape …

Priority As Pathology: The Pari Passu Myth, Riz Mokal

ExpressO

This paper aims to analyse the pari passu principle of insolvency law (which provides that the creditors of a company in liquidation are to be paid rateably), and to ask how it relates to other principles available for the treatment of claims in corporate liquidation. The discussion reveals that the principle has rather limited effect in governing distributions of the insolvent's estate. Not only do various types of secured claim fall beyond its ambit, even unsecured claims are often exempt from its application. Nevertheless, the principle thrives both in judicial rhetoric and in academic arguments. For example, many a challenge …

The Search For Someone To Save: A Defensive Case For The Priority Of Secured Credit, Riz Mokal

ExpressO

The priority of secured credit has repeatedly and famously been attacked for allowing the exploitation of certain types of unsecured creditor. It has also been blamed for creating inefficiencies. This paper examines these arguments specifically as applied to this jurisdiction, and using both theoretical analysis and recent empirical data, suggests none of them can be sustained. It is argued that security is unlikely to lead to the exploitation of involuntary, ‘uninformed’, or ‘unsophisticated’ creditors, since the perverse incentives it allegedly creates for the debtor’s management are likely to be outweighed by the managers’ liquidation-related costs. It is then pointed out …

2006 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School …

A Default-Logic Paradigm For Legal Reasoning And Factfinding, Vern R. Walker

ExpressO

Unlike research in linguistics and artificial intelligence, legal research has not used advances in logical theory very effectively. This article uses default logic to develop a paradigm for analyzing all aspects of legal reasoning, including factfinding. The article provides a formal model that integrates legal rules and policies with the evaluation of both expert and non-expert evidence – whether the reasoning occurs in courts or administrative agencies, and whether in domestic, foreign, or international legal systems. This paradigm can standardize the representation of legal reasoning, guide empirical research into the dynamics of such reasoning, and put the representations and research …

Unintended Consequences: Refugee Victims Of The War On Terror, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich

ExpressO

No abstract provided.

A Legal Miscellanea: Volume 3, Number 1, Jacob Burns Law Library George Washington University Law School

A Legal Miscellanea: Archives (Print)

A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.

The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel

All Faculty Scholarship

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Government Always Wins: The Government Can Now Recover Certain Oversight Costs Under Cercla Sec. 107. United States V. E.I. Dupont De Nemours And Company, Inc., Erin C. Bartley

Journal of Environmental and Sustainability Law

No abstract provided.

Coexistance Strategies In A Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres

Journal of Environmental and Sustainability Law

No abstract provided.

Consideration Of Cumulative Impacts And A Properly Tiered Ea & Eis: A Guarantee For Eighth Circuit Deference To Agency Decision-Making. Arkansas Wildlife Federation V. United States Army Corps Of Engineers, Travis A. Elliott

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Law Updates

Journal of Environmental and Sustainability Law

No abstract provided.

An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard

Faculty Scholarship

This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated …

National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Offenses Involving Immigration, Naturalization And Passports: Model Sentencing Guidelines 211, 212, 213, 214, Nora V. Demleitner

Scholarly Articles

This article is part of the Model Sentencing Guidelines Working Group's project which is designed to develop a guidelines regime that would simplify the existing federal sentencing guidelines. Among the most frequently used guidelines in today's federal sentencing system are those pertaining to immigration offenses. Some of these guidelines are difficult and cumbersome to apply as the Commission asks courts to use too many sentencing factors, often without distinguishing them in importance. The proliferation of such factors has also restricted the power of federal courts to make their own decisions as to the severity of individual offenses. For that reason, …

The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra

Federal Communications Law Journal

No abstract provided.

Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman

Federal Communications Law Journal

No abstract provided.