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2013

Management

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Full-Text Articles in Law

Modular Environmental Regulation, Jody Freeman, Daniel Farber Sep 2013

Modular Environmental Regulation, Jody Freeman, Daniel Farber

Daniel A Farber

This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools, without significant stakeholder input, and without institutional mechanisms capable of adapting to changing conditions over time. Modularity, by contrast, is characterized by a high degree of flexible coordination across government agencies as well as between public agencies and private actors; governance structures in which form follows function; a problem-solving orientation that requires flexibility; and reliance on a mix of formal and informal tools of …


Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier Aug 2013

Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier

Gabriela Steier

Setting working mothers free from the gridlock of inflexible “all-or-nothing” workplaces1 can unleash the tremendous potential of female leadership qualities and create win-win2 situations for both employers and employees. When human resources managers create such win-win situations, they can boost efficiency, productivity, profitability, and ultimately increase their company’s bottom line. The key to this strategy consists of attracting and maintaining female talent in the market by implementing mother-friendlier time management. This article analyses the business case for women in terms of gender-balanced leadership, and evaluates flex-time block-schedules as a corporate management strategy to achieve the goals of boosting the bottom …


Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico Aug 2013

Aamodt Cost-Sharing & System Integration Agreement (2013), United States, State Of New Mexico

Native American Water Rights Settlement Project

Cost Share & Integration Agreement (Mar. 14, 2013); NM v. Aamodt, 66cv6639 USDC, DCNM. Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. Conformed to Aamodt Litigation Settlement Act, Pub. L. No. 111-291, tit. VI, 124 Stat. 3064, 3134-56 (2010). Parties agree to fund and the United States agrees to plan, design and construct the Regional Water System (RWS). The Bureau of Reclamation will build the system. The Secretary of Interior shall conduct government-to-government consultation with the Pueblos regarding well locations and maintaining appropriate confidentiality to protect traditional Pueblo practices. US …


Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose Jun 2013

Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose

Professor Gregory Rose

The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.


The Courting Of Credibility, A Nervous Mistress, Edd Wheeler Apr 2013

The Courting Of Credibility, A Nervous Mistress, Edd Wheeler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young Apr 2013

Evaluation Of Administrative Law Judges: Premises, Means, And Ends, Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington Apr 2013

The Status Of Administrative Judges In The U.K.: Recruitment, Tenure, Training And Appraisal, Martin Partington

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle Mar 2013

Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle

Professor Ben M Tsamenyi

Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …


Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi Mar 2013

Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma Mar 2013

Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.


Briefing On The Proposed Interim Arrangements For The South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi Mar 2013

Briefing On The Proposed Interim Arrangements For The South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu Mar 2013

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.


International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum Mar 2013

International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum

Professor Ben M Tsamenyi

No abstract provided.


Coral Reefs & Coastal Management In Indonesia, Ben Tsamenyi, Richard Kenchington, Mohammad Kasim Moosa Mar 2013

Coral Reefs & Coastal Management In Indonesia, Ben Tsamenyi, Richard Kenchington, Mohammad Kasim Moosa

Professor Ben M Tsamenyi

No abstract provided.


A Collective Approach To Pacific Islands Fisheries Management: Moving Beyond Regional Agreements, Ben Tsamenyi, Quentin Hanich, Feleti Teo Mar 2013

A Collective Approach To Pacific Islands Fisheries Management: Moving Beyond Regional Agreements, Ben Tsamenyi, Quentin Hanich, Feleti Teo

Professor Ben M Tsamenyi

The sustainable management and profitable development of the Pacific island tuna fisheries is the key ocean governance challenge for the Pacific islands region in the short and medium term. Resolving these challenges is fundamental to the long term future of the region and its ability to implement oceans governance across all resource and conservation concerns. This paper identifies some key implementation challenges facing Pacific island States at the domestic level and discusses further developments in sub-regional approaches to collective management that could significantly boost the national capacity of Pacific islands States to effectively implement their coastal State obligations and sustainably …


Fishery Management, Environmental Protection And Trade Liberalization, Harry F Campbell, Alistair Mcilgorm, Ben Tsamenyi Mar 2013

Fishery Management, Environmental Protection And Trade Liberalization, Harry F Campbell, Alistair Mcilgorm, Ben Tsamenyi

Professor Ben M Tsamenyi

Discusses marine environment management and maximization of the sustainable use and non-use values of the flow of goods and services generated by that environment. Expands on the traditional economic model of fishery management to include the protection of non-use values. Assesses international agreements made to include the protection of non-use values of the marine environment, and examines the conflict between GATT rules and unilateral attempts to protect existence values. Proposes solutions based on the full cost pricing principle.


Analysis Of The Chair's Revised Draft Text For A South Pacific Regional Fisheries Management Organisation, Quentin Hanich, Martin Tsamenyi Mar 2013

Analysis Of The Chair's Revised Draft Text For A South Pacific Regional Fisheries Management Organisation, Quentin Hanich, Martin Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi Mar 2013

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi Mar 2013

Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


Report On Domestic Fisheries Management Requirements Or Recommendations Arising From Key Regional Instruments, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi Mar 2013

Report On Domestic Fisheries Management Requirements Or Recommendations Arising From Key Regional Instruments, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi Mar 2013

The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi

Professor Ben M Tsamenyi

Constrained by physical and economic factors, the States and Territories in the central and southwestern Pacific region (the Pacific Island States and Territories) have utilized regional cooperation in addressing many of the coastal and marine resources development issues facing the region. Regional cooperation in dealing with coastal and marine issues has been facilitated largely through the establishment of a number of regional organizations. This article discusses the institutional frameworks for regional cooperation in coastal and marine resources and environmental management by the Pacific Island States and Territories. The article also highlights efforts being made to achieve better harmonization of the …


The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott Mar 2013

The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.


The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek Feb 2013

The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek

Jeremy Straub

Government regulations and uncertainty about their enforcement can be a significant barrier to innovation. In business, it is undesirable to consume time and other resources developing a product that cannot be sold or which requires navigating significant bureaucracy for each sale. In academ-ia, where limited funding is available prior to the submission of a grant pro-posal and receipt of an award, proposal-stage compliance costs can derail a project long before it begins. This paper reviews the International Traffick-ing in Arms Regulations (ITAR) and their impact on spacecraft research in academia, private research labs and industry. It reviews the exemptions available, …


N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner Jan 2013

N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner

Pepperdine Law Review

With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.


Exporting American Legal Education, James E. Moliterno Jan 2013

Exporting American Legal Education, James E. Moliterno

James E. Moliterno

No abstract provided.


Seen It All, Heard It All, Done It All. Is It All Worth It?, Julie Lim Jan 2013

Seen It All, Heard It All, Done It All. Is It All Worth It?, Julie Lim

Publications and Research

No abstract provided.


A Chronic Problem: Pain Management Of Non-Cancer Pain In America, Sigrid Frey-Revere, Elizabeth K. Do Jan 2013

A Chronic Problem: Pain Management Of Non-Cancer Pain In America, Sigrid Frey-Revere, Elizabeth K. Do

Journal of Health Care Law and Policy

No abstract provided.


The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas Jan 2013

The Use Of Gis And Geospatial Technologies In Support Of Coastal Zones Management-Results Of An International Survey, Rodolphe Devillers, Debora M. De Freitas

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper reports on the results of an international survey looking at the use of Geographic Information Systems (GIS) and other geospatial technologies in support of coastal zones management. The survey, conducted in fall 2012, was answered by 328 respondents coming from 59 different countries. It aimed at assessing the proportion of people using such technologies, identifying which specific technologies are used, how often they are used, what they are used for, etc. A set of questions also asked more specifically about the potential of using volunteered geographic information (VGI) in the context of coastal zones management. Results indicate that …


Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie Jan 2013

Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie

Missouri Law Review

This Article examines the current state of the Rule 10b-5 right of action following a constricting trilogy of Supreme Court cases that have rendered it a myopic remnant of the right previously endorsed by the United States Securities and Exchange Commission (the “SEC”) and hundreds of courts over a span of numerous decades. The Roberts Court’s pronouncement in Janus Capital Group, Inc. v. First Derivative Traders has generated an immense amount of criticism and a slew of conflicting lower court decisions. By effectively abolishing most private Rule 10b-5 claims against secondary actors, including lawyers, accountants, credit rating agencies, underwriters and …


Shareholders And Social Welfare, William W. Bratton, Michael L. Wachter Jan 2013

Shareholders And Social Welfare, William W. Bratton, Michael L. Wachter

All Faculty Scholarship

This article addresses the question whether (and how) the shareholders matter for social welfare. Answers to the question have changed over time. Observers in the mid-twentieth century believed that the socio-economic characteristics of real world shareholders were highly pertinent to social welfare inquiries. But they went on to conclude that there followed no justification for catering to shareholder interest, for shareholders occupied elite social strata. The answer changed during the twentieth century’s closing decades, when observers came to accord the shareholder interest a key structural role in the enhancement of economic efficiency even as they also deemed irrelevant the characteristics …