Law Commons^™

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.

Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart

Matthew Rimmer

Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …

Regulations And Flexibility, Donald Roth

Faculty Work Comprehensive List

"Salaried workers are more likely to blur their work and home lives by taking work home, checking emails at night, or telecommuting."

Posting about changes in labor laws from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/regulations-and-flexibility/

The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

University of Massachusetts Law Review

Given the recent increase in charter schools as an alternative to the traditional public education system, this Article explores the legal status and position of charter schools. Charter schools exhibit many characteristics of private schools, particularly in terms of management, but also retain many public school features. Thus, this Article explores areas of the law where charter schools were either classified as public or private in terms of state statutes or regulations, discussing recent and some pending litigation. First, this Article discusses whether charter schools, charter school boards and officials, or educational management organizations which manage charter schools are entitled …

The Management And Stewardship Of A Cetacean Collection, Rebecca Vele

Seton Hall University Dissertations and Theses (ETDs)

Cetacean, by definition, is a marine mammal of the order Cetacea; a whale, dolphin or porpoise. In light of their social intellect and friendly appearance, cetaceans are used in institutions such as zoos and aquariums as a source of education and entertainment for the public. Before the Marine Mammal Protection Act of 1972, cetaceans were captured worldwide including in U.S. waters. In the United States today, there are over 224 zoos and aquariums accredited by the Association of Zoos and Aquariums. Out of those 224, 34 of these institutions display cetaceans.

Even though the Marine Mammal Protection Act “Prohibits, with …

Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship, Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters

Touro Law Review

No abstract provided.

A Concept-Sensitive Managerial Analysis With Law: Applying A Business Concept To A Legal Rule To Identify The Domain Of Business Situations, James E. Holloway

William & Mary Business Law Review

The traditional fact-sensitive managerial analysis with law analyzes business situations to identify legal issues and applies legal rules to facts to make judicial decisions. The fact-sensitive managerial analysis takes decades to identify a family of business situations and lacks the analytical capacity to use business knowledge (concepts) and analytical methods to identify business situations. Alternatively, a concept-sensitive managerial analysis with law increases factual sensitivity by applying a business concept to a legal rule to shorten the duration of identifying an extensive family of business situations. All situations are not useful or effective when making business decisions or managing a business. …

Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.

Library Director As Educator: Analysis Two, Case Analysis And Commentary, Sally H. Wise

Books and Book Chapters

No abstract provided.

A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren

Will McLaren

Over a century ago, a series of questionable management decisions and water-diversion engineering mistakes in Southern California produced an “unnatural” waterbody called the Salton Sea. Since then, the Sea has served as a recreational destination with fluctuating popularity, a sanctuary for migratory birds, a sink for agricultural runoff and urban wastewater, and one of the most productive tilapia and corvina fisheries in the United States. However, the Sea’s resources and associated uses have steadily deteriorated since its formation.

The contrast between the ethics that drove resource management decisions at the time of the Salton Sea’s formation to those employed in …

A Look At The Interim Guidelines At Their Mid-Point: How Are We Doing?, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Principles And Practice For The Equitable Governance Of Transboundary Natural Resources: Cross-Cutting Lessons For Marine Fisheries Management, Brooke M. Campbell, Quentin A. Hanich

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

Conflicts over the equitability of transboundary natural resource conservation and management schemes have created barriers to effective policy implementation and practice. In seeking to overcome these barriers in the context of progressing transboundary oceanic fisheries conservation, we explore the divide between equity as defined in principle and as applied in practice in international policy and law. Searching for cross-cutting lessons and themes, we first review multilateral environmental agreements to see how equity is commonly being defined, understood, and then applied in principle. From this analysis, we identify common elements that can facilitate the conceptual framing and application of equitable principles …

How Should Rural Policy Be Evaluated If It Aims To Foster Community Involvement In Environmental Management?, Katrin Prager, Birte Nienaber, Barbara Neumann, Alistair Phillips

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

This paper brings together different theoretical perspectives to propose an evaluation framework for policies which have the explicit aim to foster communities' involvement in the management of their natural environment in the context of sustainable rural development, such as the EU LEADER programme, Australia's Caring for Our Country, and UNESCO Biosphere Reserves. Previous policy evaluations have over-simplified the complex social-ecological systems on which these policies are intended to act, have lacked specification of the policy level they address and were predicated on the assumption that policies can be designed to produce predictable outcomes. Based on a concept of ‘complex realities’ …

A Climate-Informed, Ecosystem Approach To Fisheries Management, Adel Heenan, Robert S. Pomeroy, Johann D. Bell, Philip L. Munday, William Cheung, Cheryl Logan, Russell E. Brainard, Affendi Yang Amri, Porfirio Alino, Nygiel Armada, Laura David, Rebecca Rivera-Guieb, Stuart Green, Jamaluddin Jompa, Teresa Leonardo, Samuel Mamauag, Britt Parker, Janna Shackeroff, Zulfigar Yasin

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

This paper outlines the benefits of using the framework for an ecosystem approach to fisheries management (EAFM) for dealing with the inevitable yet unclear impacts of climate change and ocean acidification on coastal fisheries. With a focus on the Asia-Pacific region, it summarizes the projected biological and socio-economic effects of increased emissions of carbon dioxide (CO2) for coastal fisheries and illustrates how all the important dimensions of climate change and ocean acidification can be integrated into the steps involved in the EAFM planning process. The activities required to harness the full potential of an EAFM as an adaptation to climate …

Copyright Trust, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Collaborative production of expressive content accounts for an ever growing number of copyrighted works. Indeed, in the age of content sharing and peer production, collaborative efforts may have become the paradigmatic form of authorship. Surprisingly, though, copyright law continues to view the single author model as the dominant model of peer production. Copyright law’s approach to authorship is currently based on a hodgepodge of rigid doctrines that conflate ownership and control. The result is a binary system under which a contributor to a collaborative work is either recognized as an author with a full control and management rights or a …

Quarterback By Committee: A Response In Memory Of Dan Markel, Andrew A. Schwartz

Publications

In Catalyzing Fans, Dan Markel, Michael McCann and Howard Wasserman propose so-called “Fan Action Committees” (“FACs”), whereby fans would crowdfund a sum of money and then spend it to influence the personnel decisions of their favorite teams. This Response — dedicated to the memory of Dan Markel — suggests that an effective FAC could upset a team’s overall hiring and compensation system, thereby risking a downturn in team performance to the detriment of all concerned.

Berkshire's Disintermediation: Buffett's New Managerial Model, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Berkshire Hathaway, among history’s largest and most successful corporations, shuns middlemen; its chairman, the legendary investor Warren Buffett, excoriates financial intermediaries. The acquisitive conglomerate rarely borrows money, retains brokers, or hires consultants. Its governance is lean, using an advisory board and bucking all forms of corporate bureaucracy. Berkshire’s shareholders also minimize the roles of intermediaries like stockbrokers and stock exchanges by trading little and holding for lengthy periods.

By exploring Berkshire’s antipathy to intermediation, this article supports the view that public policy ought to make considerable room for companies to define their own internal business practices and that more companies …

Tax And Corporate Governance: The Influence Of Tax On Managerial Agency Costs, David M. Schizer

Faculty Scholarship

This chapter examines the influence of tax on managerial agency costs, with particular emphasis on public companies in the United States. Focusing on “C-corporations,” this chapter first considers why tax is an imperfect vehicle for mitigating managerial agency costs. It then discusses how tax influences the compensation of managers, both in ways policy makers intended, and in ways they did not. The chapter also considers how tax affects management decisions about capital structure, hedging, and acquisitions. In addition, this chapter explores the tax system’s influence on the ability and incentives of shareholders to monitor management. This chapter then concludes with …

Managing The Wilderness Experience At Olympic National Park: A Study Of Day And Overnight Visitors, Warren Vinson Pierce, Iii.

Graduate College Dissertations and Theses

As the United States becomes increasingly urbanized, the importance of federally designated wilderness areas as places of reflection and refuge from city life becomes even more apparent. These wilderness areas provide visitors with opportunities for solitude, recreation, and connecting with nature. Wilderness has long been important to American society, influencing the likes of John Muir, Theodore Roosevelt, and Henry David Thoreau. With the passage of the Wilderness Act of 1964, the assurance that these areas would remain protected in perpetuity for the enjoyment of the American people was enshrined into law. While these wilderness areas remain protected by Federal law, …