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Articles 1 - 9 of 9
Full-Text Articles in Law
Medicine As A Public Calling, Nicholas Bagley
Medicine As A Public Calling, Nicholas Bagley
Michigan Law Review
The debate over how to tame private medical spending tends to pit advocates of government-provided insurance—a single-payer scheme—against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century— and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not …
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Gina Warren
No abstract provided.
Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher
Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher
Kylie Fletcher
Extract: Canada is one of the world’s leading petroleum producers. It claims significant proven reserves of oil and natural gas. Canada’s reserves are estimated to be in the order of 173 billion barrels of oil and 70 trillion cubic feet of natural gas. Canada’s provinces, listed in order of entry into confederation, are Ontario (1867), Quebec (1867), Nova Scotia (1867), New Brunswick (1867), Manitoba (1870), British Columbia (1871), Prince Edward Island (1873), Saskatchewan (1905), Alberta (1905) and Newfoundland and Labrador (1949). Its territories are the Northwest Territories, Yukon and Nunavut. Canada has an extensive coastline, and lays claim to significant …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
Demand Response And Market Power, Bruce R. Huber
Demand Response And Market Power, Bruce R. Huber
Journal Articles
In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”) — the federal government’s principal energy regulator — has engaged in a strategy of “bypassing federalism” that may entail more costs than benefits. Professor Jacobs is right to call attention to demand response and to FERC’s approach to matters of jurisdictional doubt. While I share many of her concerns about boundary lines in a federal system, I argue …
Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli
Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli
Indiana Journal of Law and Social Equality
This Note examines the relationship between the rural poor and the negative externalities of hydraulic fracturing (“fracking”). It asserts that the rural poor are disproportionately burdened with fracking’s negative externalities and that comprehensive, national regulation is needed because current legal methods are insufficient to internalize these costs. The argument is made in four parts: describing fracking’s externalities; assessing their impact on the rural poor; analyzing current legal regimes; and proposing an equitable regulatory framework based on cooperative federalism.
Fracking produces three main categories of negative externalities: water, air, and land contamination. Water contamination can be caused by migration of fracking …
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Gina Warren
No abstract provided.
Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans
Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans
Michigan Law Review
Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper extension …
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina S. Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina S. Warren
Faculty Scholarship
It goes by many names: cannabis, marijuana, pot, chronic, grass, reefer, shwag, Mary Jane. Whatever the name, the trend is clear: the weed is legal but the herb ain’t green. Nearly half of all U.S. states have enacted—or have pending— legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S.— especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry …