Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law,
2025
Seattle University School of Law
Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii
Seattle University Law Review
Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …
Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming,
2025
Seattle University School of Law
Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget
Seattle University Law Review
This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …
Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi,
2025
Universitas Jenderal Soedirman
Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi, Hermawan Prasojo
Jurnal Hukum & Pembangunan
Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved …
Population: The Who Of Biodiversity Law,
2025
University of Kansas School of Law
Population: The Who Of Biodiversity Law, Andrew W. Torrance, Bill Tomlinson
Texas A&M Journal of Property Law
This Article investigates the impacts of human population, including distribution and growth, on biodiversity at every level—the biosphere, ecosystems, communities, populations, and individual organisms. It assesses how legal frameworks around the world address the pressures of human population on biodiversity. This Article explores how factors such as population size and migration contribute to biodiversity loss, with a focus on diverse regions around the globe. This Article offers a comparative overview of population-related laws in regions including North and South America, Europe, Oceania, Asia, and Africa. Key legislation, like the U.S. National Environmental Policy Act, the UK’s Environment Act 2021, …
Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process,
2025
Seattle University School of Law
Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process, Jared E. Munster, Ph.D.
American Indian Law Journal
No abstract provided.
The Onondaga Nation's Land Claim: Rights Without A Remedy?,
2025
Seattle University School of Law
The Onondaga Nation's Land Claim: Rights Without A Remedy?, Larissa Speak
American Indian Law Journal
No abstract provided.
Case Law On American Indians: September 2023 - August 2024,
2025
Seattle University School of Law
Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
The "Best Location" Standard And Puc Review Of Proposed Transmission Line Routes: In Re Bangor Hydro-Electric,
2025
University of Maine School of Law
The "Best Location" Standard And Puc Review Of Proposed Transmission Line Routes: In Re Bangor Hydro-Electric, Maine Law Review
Maine Law Review
Forty-five years after the enactment of legislation delegating eminent domain authority to electric power companies, the Maine Supreme Judicial Court had its first opportunity in In re Bangor Hydro-Electric Co. to construe the statute's grant of review authority to the Public Utilities Commission (PUC). Rejecting the "arbitrary and capricious" review standard previously applied by the PUC, the court held that the statute required the Commission to determine whether the utility's chosen location "best serves the public interest." Under the former standard, the utility had been required to present only minimal evidence in support of its choice of location in order …
Reassessing "Confiscation" Under Section 305 Of Maine's Public Utility Law,
2025
University of Maine School of Law
Reassessing "Confiscation" Under Section 305 Of Maine's Public Utility Law, Maine Law Review
Maine Law Review
On March 11, 1975, the Maine Public Utilities Commission (PUC) denied a petition by the New England Telephone and Telegraph Co. (the company) for an "interim" rate increase. The company had sought to increase its revenues by $6,582,987 per year, pending the outcome of its petition before the PUC of October 1974 for a permanent rate increase of $21 million annually. After the PUC refused the company a rehearing on its denial of the interim rate increase, the company appealed to the Maine Supreme Judicial Court, alleging that the PUC had acted so as to leave in effect rates which …
A Benefit For The Masses: A Practical Look On How West Virginia, Rural America, And The United States Can Benefit From Statutory Horizontal Well Pooling, Leading To Increased Energy Production And Security,
2025
Steptoe & Johnson PLLC
A Benefit For The Masses: A Practical Look On How West Virginia, Rural America, And The United States Can Benefit From Statutory Horizontal Well Pooling, Leading To Increased Energy Production And Security, Garrett M. Spiker
West Virginia Law Review
No abstract provided.
Build Public Renewables, Again,
2025
Open Markets Institute
Build Public Renewables, Again, Sandeep Vaheesan
Michigan Law Review
A review of The Price Is Wrong: Why Capitalism Won’t Save the Planet. By Brett Christophers.
Five Prairie Reflections On Reviving Rural America,
2025
University of South Dakota Knudson School of Law
Five Prairie Reflections On Reviving Rural America, Hannah Haksgaard, Sean Kammer, Travis L. Letellier
West Virginia Law Review
This Essay offers five reflections on Ann E. Eisenberg’s book Reviving Rural America: Toward Policies for Resilience. Each reflection approaches the book from the positionality of writing from rural America, specifically the prairies of South Dakota. Collectively, the reflections cover the politics of voting in a red rural state, policies of local municipal government, the central economic principles in the book, the presence of energy production in rural America, and environmentalism’s relevancy and impact.
Supreme Court Gives States The Green Light To Go Ham: The Dormant Commerce Clause In Renewable Energy In Light Of National Pork Producers,
2025
University of Michigan School of Law
Supreme Court Gives States The Green Light To Go Ham: The Dormant Commerce Clause In Renewable Energy In Light Of National Pork Producers, Ellie Carl
Michigan Journal of Environmental & Administrative Law
Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so …
Lead Telecommunications Cables: A Call For Concern?,
2025
West Virginia University College of Law
Lead Telecommunications Cables: A Call For Concern?, Zachary Young
Michigan Journal of Environmental & Administrative Law
From the late 1800s until the 1950s, telecommunication companies across the United States utilized lead casing to protect their telecommunication lines. As technology developed and different types of plastic coatings were created, telecommunication companies phased out the use of lead cables. However, the lead cables remain in the air and buried in the ground, even continuing to provide telephone service for some. The failure to remove these cables, most of which are not in use anymore, has generated a slew of issues for the modem-day telecommunication companies that have inherited these cables from their predecessors. As the protective casing decays, …
Local Environmental Impacts Of Data Center Proliferation,
2025
Yale School of the Environment
Local Environmental Impacts Of Data Center Proliferation, Reid Lifset, Pranava Raparla, Amy L. Stein, Lauren Bridges, Jim Mcelfish, Tim Cywinski
UF Law Faculty Publications
Demand for data centers is increasing worldwide, raising questions about the electric grid, the transition to renewable energy, and distribution infrastructure. Northern Virginia is home to data centers that process nearly 70% of global digital traffic, leading officials to call for construction, at ratepayers’ expense, of new power plants and new transmission lines across four states, as well as the continued operation of coal-powered plants that had been scheduled to go offline. On December 6, 2024, the Environmental Law Institute and the Network for Digital Economy and the Environment co-hosted a panel of experts who examined the environmental impacts and …
Goldilocks And The Three Frameworks: An Argument For A Hybrid Approach To Regulating Fusion Energy Systems,
2025
William & Mary Law School
Goldilocks And The Three Frameworks: An Argument For A Hybrid Approach To Regulating Fusion Energy Systems, Mitch Boyer
William & Mary Environmental Law and Policy Review
Part I will explore the beginnings of nuclear power regulation in the United States by outlining the short lifespan of the Atomic Energy Commission (AEC), the NRC’s [Nuclear Regulatory Commission's] predecessor, and why the Agency’s two competing directives of protecting public safety and encouraging industry development eventually led to its dissolution in 1974. The subsequent separation and assignment of these directives to newly created agencies— safety to the Nuclear Regulatory Commission and development to the Energy Research and Development Administration—demonstrates that the NRC’s primary statutory directive is regulating nuclear power safely. Part II will delve into the early days of …
Energizing Federal Action Toward A More Coherent National Nuclear Waste Policy,
2025
Vanderbilt University Law School
Energizing Federal Action Toward A More Coherent National Nuclear Waste Policy, Sydney C. Schoonover
Vanderbilt Law Review
Nuclear power offers the United States one viable path toward decarbonization of the energy sector as the only zero-emission energy source capable of baseload generation. Despite the clear climatic, economic, and energy independence benefits of expanding reliance on nuclear power and the emergence of cheaper, safer, and more efficient advanced reactor technology that has lowered barriers to adoption, buildout of nuclear generation capacity faces impediments. The lack of a comprehensive national nuclear waste management strategy is perhaps the most significant obstacle to the siting of new nuclear power facilities. Currently, due to the federal government’s failure to establish a geologic …
“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment,
2025
Washington State University
“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment, Jennifer Sherman
West Virginia Law Review
This Essay draws upon two decades of the author’s research on rural United States communities to explicate ways in which the regulatory state has intervened in rural areas and economies, often with the claim of protecting land, natural resources, and/or wildlife. The outcomes are frequently disastrous for the human populations of those communities and generally are not planned for or mitigated by policy. The Essay argues that rural distrust of and aversion to government oversight is not caused primarily by ideological or cultural stances, but rather is an outcome of experiences of abandonment by the agencies that are meant to …
Tomorrow’S Climate Law, Today,
2025
Texas A&M University School of Law
Tomorrow’S Climate Law, Today, Daniel E. Walters
Faculty Scholarship
The prospects for domestic legislation or international treaties that would require governments, businesses, and individuals to stop emitting the greenhouse gases that cause global climate change are particularly bleak these days. Even as the United States has recently passed its most ambitious climate legislation to date in the Inflation Reduction Act and related “green industrial policy” legislation, these successes were ultimately a compromise with politicians who refused to consider more direct controls on emissions. Assuming they survive the second Trump Administration, the green subsidies and nudges contained in these laws, coupled with a groundswell of private environmental governance, will do …
Who Owns The Heat? Property Rights In Geothermal Energy,
2025
Texas A&M University School of Law
Who Owns The Heat? Property Rights In Geothermal Energy, Gabriel Eckstein
Faculty Scholarship
Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all of the world’s oil and natural gas resources combined, geothermal energy is a tremendously promising, clean, and renewable energy resource. Yet, ambiguities in property rights related to the development and ownership of geothermal energy resources raise questions about who is entitled to benefit from that potential. …
