Law Commons^™

Hydropower: It's A Small World After All, Gina Warren

Gina Warren

Global warming is here. As exhibited by the recent droughts, heat waves, severe storms and floods, climate change is no longer a question for the future, but a problem for the present. Of the many ways to help combat climate change, this article discusses the use of the most abundant renewable energy source on the plant – water. While large-scale hydropower (think Hoover Dam) is unlikely to see increased development due to its negative impact on the environment, fish, and wildlife, small-scale hydropower (think a highly technologically-advanced water mill) is environmentally-friendly and would produce clean, renewable energy to benefit local …

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.

Trophic Cascades And Private Property: The Challenges Of A Regulatory Balancing Act And Lessons The Uk Can Learn From The Reintroduction Of The American Gray Wolf, Whitney G. Stohr

University of Baltimore Journal of Land and Development

No abstract provided.

Climate Change Mitigation Activities In The Ocean: Turning Up The Regulatory Heat, Rosemary Rayfuse, Robin Warner

Faculty of Law - Papers (Archive)

The adverse impacts of anthropogenically induced climate change on the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies (IPCC 2007; Preston and Jones 2006; Stern et al. 2006). The threats posed by climate change to the global environment have fostered heightened scientific and commercial interest in a range of CO2 sequestration methods that either involve the ocean or affect the marine environment. The most developed proposals to date relate to offshore carbon capture and storage (OCCS), which seeks to capture carbon dioxide from point sources of emissions and sequester …

The Challenge Of Reducing Greenhouse Gas Emissions From International Shipping: Assessing The International Maritime Organization's Regulatory Response, Yubing Shi

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

As a comparatively cost effective, clean, and safe method of transportation, international shipping offers an important means of moving goods internationally and enables other activities such as leisure cruising.1 Many factors contribute to the development of international shipping. As an example, the evolution of ship propulsion has progressed from sailing ships to steam ships powered by coal and then to an almost universal use of diesel engines, significantly accelerating international trade.2 Similarly, advances in telecommunication and information and communications technology infrastructure, reductions in trade barriers, and low energy costs have also contributed to the expansion of international shipping and seaborne …

Reassessing Safety For Nanotechnology Combination Products: What Do Biosimilars Add To Regulatory Challenges For The Fda, Jordan Paradise

Saint Louis University Law Journal

No abstract provided.

Legislative And Regulatory Responses To Tax Avoidance: Explicating And Evaluating The Alternatives, Erik M. Jensen

Saint Louis University Law Journal

No abstract provided.

Leaving The Fda Behind: Pharmaceutical Outsourcing And Drug Safety, Chenglin Liu

Faculty Articles

During the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (“FDA”) reactive measures, the American regulatory framework for drug safety remains largely unchanged. Currently, about 80% of active pharmaceutical ingredients, 40% of finished drugs, and 50% of all medical devices used in the United States are imported from over 100 countries. With the growth of product outsourcing, pharmaceutical companies in the United States have stopped manufacturing many essential medicines. Nevertheless, the FDA’s foreign inspections have lagged. It would take …

The Change In Knowledge Proposal: Repairing Preemption Doctrine In Medical Products Liability, Yite John Lu

Yite J Lu

This Article proposes a new rule that would allow the FDA to achieve the best balance of medical product availability and safety without interference from tort law when the agency has adequately reviewed the safety science. After an analysis of the FDA’s competency to review, and manufacturers’ ability to hide, safety concerns, this Article argues that FDA review is adequate during the initial approval process, but the agency cannot adequately respond to newly acquired safety information that arises post-market. To take advantage of this finding, the change in knowledge proposal would require tort plaintiffs to show a change in the …

Requirements For A Renewables Revolution, Felix Mormann

Faculty Scholarship

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

Law For Foreign Business And Investment In China, Vai Lo, Xiaowen Tian

Xiaowen Tian

In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution.Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts …

Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

Presenter: Mario López, Engineering and Technical Standards Manager, National Water Commission of México

53 slides

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Faculty Publications

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised …

Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale

Faculty Scholarship

All is not well in the land of online self-regulation. However competently internet intermediaries police their sites, nagging questions will remain about their fairness and objectivity in doing so. Is Comcast blocking BitTorrent to stop infringement, to manage traffic, or to decrease access to content that competes with its own for viewers? How much digital due process does Google need to give a site it accuses of harboring malware? If Facebook censors a video of war carnage, is that a token of respect for the wounded or one more reflexive effort of a major company to ingratiate itself with the …

The Reduction Of Regulatory Uncertainty: Evidence From Transfer Pricing Policy, Andrew B. Whitford

Saint Louis University Law Journal

No abstract provided.

A Regulatory Reinterpretation To Blow Away Dirty Energy?, Seth P. Cox

Seth P. Cox

The world is moving towards a renewable energy economy, motivated in part by the well-established impacts of conventional energy sources. Of these consequences, the most notorious is global warming. Global warming is a reality. Emissions of the notorious category of pollutants referred to as greenhouse gases (hereinafter “GHGs”) are generated by combustion of conventional sources of energy and are widely cited as the chief source of human-induced warming. According to the World Health Organization, 150,000 deaths are presently attributable to climate change. And this situation will only worsen over the next several years as global temperatures continue to rise at …

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Robert Percival

No abstract provided.

Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick

University of Richmond Law Review

No abstract provided.

The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.

Fordham Urban Law Journal

The question of whether the state has the right to “take” (in the form of regulation) land in its coastal zones is a much more complex question that the courts, to date, have not been able to manage adequately. The problems faced along the coasts are difficult problems, and will likely not be settled by asking judges to determine the “rightness” of claims made through an adversarial process that tends to oversimplify situations in the process of constructing winnable legal arguments. Nor can we rely simply on administrative agencies or legislatures to protect the rights of individuals or protect them …

Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison

Jennifer Allison

This paper outlines the historical exertion of presidential control over the regulatory affairs of federal agencies. It first examines the historical understanding of the constitutionality of examining such control. Then, it describes the two main methods that modern Presidents use to exercise such control: presidential directives and presidential regulatory approval regimes. Finally, it discusses how this has manifested itself during the early days of the Obama administration, exploring the regulatory effects of President Obama's executive order that directed agencies to expand funding programs for research using embryonic stem cells.

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides

Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza

Fordham Journal of Corporate & Financial Law

No abstract provided.

Data Exclusivity Regulations Explained, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman

Fordham Journal of Corporate & Financial Law

No abstract provided.

El Registro De Nuevos Productos Químicos Conlleva Problemas De Protección De Información, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

Registering New Chemical Products Brings Data Protection Problems, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm

University of San Francisco Law Review

This Article examines the current regulatory scheme for genetic testing and calls for a unification of the testing standards. It advocates consolidating the standards under a single governmental agency, FDA, in order to ameliorate the potential for immediate and future harm to patients and their families. In order to be effective, future regulations must apply to all providers of genetic testing and create meaningful, reasonable criteria for testing processes and outcomes.

Fda And The Adaptation Of Regulatory Models, Margaret Gilhooley

Saint Louis University Law Journal

No abstract provided.

The Metaphysics Of Property: Looking Beneath The Surface Of Regulatory Takings Law After Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, Brian J. Nolan

Saint Louis University Law Journal

No abstract provided.

The Tools Of Law And The Rule Of Law: Teaching Regulatory Takings After Palazzolo, Daniel J. Hulsebosch

Saint Louis University Law Journal

No abstract provided.