Law Commons^™

Private Production Of Public Goods: Liability For Unrequested Benefits, Ariel Porat

Michigan Law Review

This Article explores why the law treats negative externalities (harms) and positive externalities (benefits) differently. Ideally, from an economic perspective, both negative and positive externalities should be internalized by those who produce them, for with full internalization, injurers and benefactors alike would behave efficiently. In actuality, however, whereas the law requires that injurers bear the harms they create (or wrongfully create), benefactors are seldom entitled to recover for benefits they voluntarily confer on recipients without the latter's consent ( "unrequested benefits"). One aim of this Article is to explore the puzzle of the law's differing treatment of negative and positive …

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.

Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kathryn Mutz, Natural Resources Law Center

19 slides

Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan S. Maher

Faculty Scholarship

Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …

Statements Illustrating The Legislative Intent Of These Laws, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Based on statements in the legislative history, these laws were meant to provide:

1. Overarching Benefits in the Current Economy
2. Benefits to Families
3. Benefits to Management
4. Equality for Women
5. Protection of the Environment

Parallel Lines Never Meet: Why The Military Disability Retirement And Veterans Affairs Department Claim Adjudication Systems Are A Failure, Thomas Reed

Thomas J Reed

Service members who are injured or come down with a disease while on active duty have two roads to seek compensation for disability benefits that are part of the enlistment contract. The first road is military disability retirement, administered by the armed services. The second road is VA compensation administered by the cabinet-level Department of Veterans Affairs. Both systems are near collapse due to a backlog of undecided claims and manifest injustices in awarding benefits to disabled veterans and dependents.

Professor Reed proposes a radical reform of the dual compensation system by combining military disability retirement and VA benefits into …