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- All Faculty Scholarship (12)
- Dickinson Law Review (2017-Present) (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Chad J McGuire (2)
- Faculty Articles (2)
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- Helm's School of Government Conference - American Revival: Citizenship & Virtue (2)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (2)
- William & Mary Environmental Law and Policy Review (2)
- CMC Senior Theses (1)
- Contributions to Books (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Journal of African Conflicts and Peace Studies (1)
- Noah D Hall (1)
- Publications (1)
- Senior Theses and Projects (1)
- St. Mary's Law Journal (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (1)
- Publication Type
Articles 31 - 41 of 41
Full-Text Articles in Law
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Noah D Hall
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world’s largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism approach …
Federalism And Antitrust Reform, Herbert J. Hovenkamp
Federalism And Antitrust Reform, Herbert J. Hovenkamp
All Faculty Scholarship
Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …
Facing The Urban Future After September 11, 2001, Richard Briffault
Facing The Urban Future After September 11, 2001, Richard Briffault
Faculty Scholarship
In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …
Creating Better Governance, Denise D. Fort
Creating Better Governance, Denise D. Fort
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
17 pages (includes illustration).
Contains 2 pages of references.
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
William & Mary Environmental Law and Policy Review
No abstract provided.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Planning As A Major Tool Of Public Land Management, John D. Leshy
Planning As A Major Tool Of Public Land Management, John D. Leshy
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
25 pages.