Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (73)
- Natural Resources Law (66)
- Land Use Law (56)
- State and Local Government Law (56)
- Legislation (51)
-
- Water Law (47)
- Law and Politics (38)
- Law and Society (36)
- Litigation (34)
- Indigenous, Indian, and Aboriginal Law (33)
- Food and Drug Law (29)
- International Law (29)
- Animal Law (28)
- Constitutional Law (27)
- Energy and Utilities Law (26)
- Legal Ethics and Professional Responsibility (26)
- Physical Sciences and Mathematics (26)
- Social and Behavioral Sciences (26)
- Agriculture Law (25)
- Environmental Sciences (25)
- Natural Resources Management and Policy (25)
- Natural Resources and Conservation (25)
- Public Affairs, Public Policy and Public Administration (25)
- Water Resource Management (25)
- Climate (24)
- Communications Law (24)
- Environmental Policy (24)
- Oceanography and Atmospheric Sciences and Meteorology (24)
- Institution
-
- University of Colorado Law School (28)
- Maurer School of Law: Indiana University (26)
- University of New Mexico (21)
- Case Western Reserve University School of Law (20)
- New York Law School (20)
-
- University of Michigan Law School (16)
- Yeshiva University, Cardozo School of Law (11)
- William & Mary Law School (10)
- UIC School of Law (9)
- Cornell University Law School (7)
- Georgetown University Law Center (7)
- Villanova University Charles Widger School of Law (7)
- American University Washington College of Law (5)
- Duke Law (4)
- Florida State University College of Law (4)
- University of Kentucky (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Boston University School of Law (3)
- Columbia Law School (3)
- University of Richmond (3)
- Association of American Law Schools (2)
- Florida A&M University College of Law (2)
- Liberty University (2)
- Mercer University School of Law (2)
- Pace University (2)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Washington School of Law (2)
- Washington and Lee University School of Law (2)
- Barry University School of Law (1)
- Keyword
-
- West (23)
- Western water law (21)
- Landscapes (20)
- American West (19)
- Ohio (19)
-
- Resources (19)
- State law; State administrative decision; (19)
- Water (19)
- Western water policy (19)
- Climate change (16)
- Colorado (14)
- Administrative law (13)
- Regulation (13)
- Land Use (12)
- Administrative Law (11)
- City Planning Commission (11)
- Landmarks Preservation (11)
- Municipal Law (11)
- Real Estate Law (11)
- ULURP (11)
- Zoning (11)
- California (9)
- Global warming (9)
- Corporation Counsel (8)
- New Mexico (8)
- Water quality (8)
- Wyoming (8)
- Arizona (7)
- Federal agencies (7)
- Water law (7)
- Publication
-
- Publications (24)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- Federal Communications Law Journal (22)
- Ohio Oil & Gas Commission Decisions (19)
- Faculty Scholarship (15)
-
- CityLand - 2008 (11)
- Faculty Publications (11)
- NYLS Law Review (9)
- UIC Law Review (9)
- Articles (8)
- Michigan Law Review (5)
- Michigan Law Review First Impressions (5)
- Translated Opinions (5)
- U.S. Supreme Court Briefs (5)
- Cornell e-Rulemaking Initiative Publications (4)
- Nevada Supreme Court Summaries (4)
- Scholarly Publications (4)
- Villanova Environmental Law Journal (1991 - ) (4)
- Cornell Law Faculty Publications (3)
- Indiana Law Journal (3)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (3)
- All Faculty Scholarship (2)
- American University Law Review (2)
- Appellate Briefs (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- Cardozo Journal of International and Comparative Law (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Publications and Presentations (2)
- Journal Publications (2)
- Journal of Legal Education (2)
- Publication Type
Articles 181 - 210 of 246
Full-Text Articles in Administrative Law
Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman
Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, …
Future Of Administrative Justice, Lorne Sossin
Future Of Administrative Justice, Lorne Sossin
Articles & Book Chapters
This is the introductory talk, programme, and keynote to the "Future of Administrative Justice" Symposium.
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Maryland Law Review
No abstract provided.
"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman
"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman
Michigan Law Review First Impressions
Since the beginning of history, people have used farm animals to assist with their work and to provide a source of food. These agricultural pursuits were not questioned; rather, they were a widely-accepted way of life. In fact, many people still say that the very purpose of livestock on this Earth is to provide these resources for mankind. As for the proper way to treat our livestock, we commonly hear farmers and livestock producers make comments like, “If we take care of the animals, they will take care of us,” and, “We treat our animals well because that’s just good …
One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton
One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton
Michigan Law Review First Impressions
The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human derived standards …
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
Michigan Law Review First Impressions
“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …
A Climate Agenda For The New President, Lisa Heinzerling
A Climate Agenda For The New President, Lisa Heinzerling
Michigan Law Review First Impressions
The Bush Administration squandered eight years denying the reality of climate change and delaying action on it. Nevertheless, the president who comes into office in January will face two happy realities. First, whatever the Bush Administration has done (through obstruction or inaction) on climate change can easily be undone due to its legal and scientific flimsiness. And second, statutes now on the books provide plenty of legal authority for swift action on the most important environmental issue of our time.
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
Articles
No abstract provided.
Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, Sidney A. Shapiro, Christopher H. Schroeder
Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, Sidney A. Shapiro, Christopher H. Schroeder
Faculty Scholarship
The weaknesses of cost-benefit analysis (CBA) are apparent for all to see. The theoretical underpinnings of positivism and rational choice methodologies have been dealt a significant blow in the post-positivist literature in science, political science and policy studies. Likewise, the performance of CBA itself has been the subject of a significant and persuasive challenge in the legal literature. This article critiques specifically the current federal form of regulatory impact analysis (RIA), centered institutionally in OIRA and centered methodologically in CBA. One of reasons for the continuing dominance of a CBA-centered RIA is the success of its proponents in maintaining that …
Executive Preemption, Ernest A. Young
Executive Preemption, Ernest A. Young
Faculty Scholarship
Preemption of state regulatory authority by national law is the central federalism issue of our time. Most analysis of this issue has focused on the preemptive effects of federal statutes. But as Justice White observed in INS v. Chadha,“[f]or some time, the sheer amount of law . . . made by the [administrative] agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process.” Whether one views this development as a “bloodless constitutional revolution” or as a necessary “renovation” of the constitutional structure in response to the complexity of modern society, the advent of the administrative state …
Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh
Villanova Law Review (1956 - )
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller
The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
NYLS Law Review
No abstract provided.
State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby
State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski
Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Role Of Administrative Law In Regulating "Mad Cow Disease" As Explained In Creekstone Farms Premium Beef, Llc V. Department Of Agriculture, Courtney E. Ross
The Role Of Administrative Law In Regulating "Mad Cow Disease" As Explained In Creekstone Farms Premium Beef, Llc V. Department Of Agriculture, Courtney E. Ross
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Working Class Judges, Jason J. Czarnezki
Working Class Judges, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides our reanalysis of Scott Baker's data that examines the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. Part II establishes an additional comparative context that allows us to speculate why Top Five legal markets may foster a more intense tradeoff of influence versus remuneration. Indeed, as we note, the real or perceived financial tradeoffs are so enormous - and conspicuous - in Top Five markets that federal judges may feel they have been lumped together with a large, faceless working class. We conclude by suggesting that the …
The Truth Is Out There: Revamping Federal Antidiscrimination Enforcement For The Twenty-First Century, Marcia L. Mccormick
The Truth Is Out There: Revamping Federal Antidiscrimination Enforcement For The Twenty-First Century, Marcia L. Mccormick
All Faculty Scholarship
Employment discrimination laws in the United States have not created full equality in the workplace, although that was their goal. Real change requires greater accountability for those who make employment decisions and greater transparency to bolster that accountability. To provide that transparency and accountability, we need greater federal involvement in enforcement and a mechanism to publicize the state of the nation's workplaces. To accomplish this, I propose taking private sector employment discrimination disputes away from the Equal Employment Opportunity Commission entirely, and starting with a new agency. The current model, with the EEOC writing compliance guidelines, encouraging mediation, and acting …
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Articles by Maurer Faculty
The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
Faculty Scholarship
This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
UIC Law Review
No abstract provided.
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
UIC Law Review
No abstract provided.
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
NYLS Law Review
No abstract provided.
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate
Journal Publications
The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and local legislative initiatives and climate change litigation will be essential to achieve some progress in the ongoing challenge to combat the causes and effects of climate change. This Article focuses on one of those gap-filling efforts: public nuisance suits against power companies and automobile manufacturers for the climate change impacts caused by emissions from those …
Book Review, Susan Nevelow Mart
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate
Journal Publications
This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …