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Capital Rigidities, Latent Externalities, Shi-Ling Hsu 2014 Florida State University College of Law

Capital Rigidities, Latent Externalities, Shi-Ling Hsu

Scholarly Publications

Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …


Table Of Contents, 2014 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael 2014 University of Windsor Faculty of Law

Oil And Gas Law: From Habendum To Patent Law, Emir Crowne, Barbero C. Michael

Washington and Lee Journal of Energy, Climate, and the Environment

This article outlines and addresses the specific patent issues affecting the oil and gas industry. In so doing, it argues that the business realities of the industry, coupled with its fast-paced environment, make it a perfect example of why the current patent prohibition against professional skills and business methods must be reformed.


Masthead & Front Matter, 2014 Washington and Lee University School of Law

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr. 2014 Northeastern University

The Walking Dead Or Weekend At Bernie’S? How The Public Trust Doctrine Threatens Alternative Energy Development, Michael Julius Motta Jr.

Washington and Lee Journal of Energy, Climate, and the Environment

One of the oldest doctrines of environmental law, the public trust doctrine, is sufficiently ambiguous that it risks threatening widespread adoptions of alternative energy sources such as wind energy. Because of this, the public trust doctrine threatens the protection of the environment in the name of protection of the environment. Yet, the public trust doctrine and future energy policy should be complementary and not exclusionary of each other. In light of this, whether an agency has public trust authority should be determined based on six factors: the legal authority of state fiduciaries; due diligence by state fiduciaries in determining if …


Upwind Battle: The Epa Tests The Limits Of Its Statutory Authority Again, An, Elizabeth Moeller 2014 University of Missouri School of Law

Upwind Battle: The Epa Tests The Limits Of Its Statutory Authority Again, An, Elizabeth Moeller

Journal of Environmental and Sustainability Law

No abstract provided.


Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John H. Davidson 2014 University of Missouri School of Law

Missouri River Reservoirs In A Century Of Climate Change: National Or Local Resource?, John H. Davidson

Journal of Environmental and Sustainability Law

No abstract provided.


Epa, Outer Continental Shelf Sources, And Deference Resisting Environmental Destricution On Indigenous Lands, The, Sarah Melz 2014 University of Missouri School of Law

Epa, Outer Continental Shelf Sources, And Deference Resisting Environmental Destricution On Indigenous Lands, The, Sarah Melz

Journal of Environmental and Sustainability Law

No abstract provided.


Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston 2014 University of Missouri School of Law

Storage Portfolio Standards: Incentivising Green Eenrgy Storage, Victoria Johnston

Journal of Environmental and Sustainability Law

No abstract provided.


Captive Consumer Paradox: The D.C. Circuit's Attempt To Bring Symmetry To Clean Air Act Incentives For Cellulosic Biofuel Production, A, John W. Shikles 2014 University of Missouri School of Law

Captive Consumer Paradox: The D.C. Circuit's Attempt To Bring Symmetry To Clean Air Act Incentives For Cellulosic Biofuel Production, A, John W. Shikles

Journal of Environmental and Sustainability Law

No abstract provided.


Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston 2014 Wayne State University

Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston

Law Faculty Research Publications

No abstract provided.


Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis 2014 Jackson Kelly PLLC

Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis

West Virginia Law Review

No abstract provided.


Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon 2014 Robinson & McElwee PLLC

Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon

West Virginia Law Review

No abstract provided.


Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen 2014 University of Utah College of Law

Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen

West Virginia Law Review

No abstract provided.


Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks 2014 Jackson Kelly PLLC

Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks

West Virginia Law Review

No abstract provided.


Spring 2014 Utton Center Newsletter, Utton Center, University of New Mexico - School of Law 2014 University of New Mexico

Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks 2014 Dinsmore & Shohl LLP

Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks

West Virginia Law Review

No abstract provided.


Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina McCarthy 2014 U.S. Environmental Protection Agency

Keynote Remarks At The University Of Michigan Environmental Law And Public Health Conference, Gina Mccarthy

Michigan Journal of Environmental & Administrative Law

The following are the prepared remarks delivered at the University of Michigan Law School’s 2013 Environmental Law and Public Health Conference on September 26, 2013.


Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann 2014 University of Michigan Law School

Environmental Law, Public Health, And The Values Conundrum, David M. Uhlmann

Michigan Journal of Environmental & Administrative Law

In September 1996, when I was nearing the end of my sixth year as a Justice Department environmental crimes prosecutor, one of my colleagues sent me an email that there was a “good-sounding RCRA [Resource Conservation and Recovery Act] knowing endangerment case developing in Idaho.” A twenty-year-old man named Scott Dominguez had collapsed inside a storage tank at an Idaho fertilizer manufacturing facility called Evergreen Resources. Mr. Dominguez could not be rescued for nearly an hour, because firefighters who responded to the scene did not know what was in the tank and what safety precautions they needed to take before …


Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach 2014 Vermont Law School

Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach

Michigan Journal of Environmental & Administrative Law

The purpose of this conference is to explore “the relationship between environmental protection and public health and how it should inform our efforts to become better stewards of the environment.” No one would disagree with the assertion that during the last forty years of federal environmental protection, air and water quality have improved and led to concomitant improvements in human health. Exploring the contours of this “relationship,” Environmental Protection Agency (EPA) Administrator Gina McCarthy said in her keynote speech that “[t]he thing is, the word ‘relationship’ is too neutral. The link between the health of our planet and the health …


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