00508nas a2200145 4500008004100000245005500041210005500096260003000151653001700181653001400198100002300212700001600235700001700251856009400268 2023 eng d 00 aMorality Appraisals in Consumer Responsibilization 0 aMorality Appraisals in Consumer Responsibilization aStorrs, Connecticut c2023 10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/morality-appraisals-consumer-responsibilization-0 00380nas a2200109 4500008004100000245004700041210004700088260002300135653001700158100001700175856007800192 2023 eng d 00 aResilient Teaching in an Era of Disruption 0 aResilient Teaching in an Era of Disruption aSterling, VA c2023 10 aBusiness Law 1 aScott, Inara u/biblio/resilient-teaching-era-disruption 00470nas a2200157 4500008004100000245005800041210005400099260000900153300001200162490000700174653001700181100001500198700002300213700001700236856005900253 2022 eng d 00 aThe Changing Faces of Business Law and Sustainability 0 aChanging Faces of Business Law and Sustainability c2022 a613-620 0 v59 10 aBusiness Law 1 aCahoy, Dan 1 aPark, Stephen, Kim 1 aScott, Inara uhttps://onlinelibrary.wiley.com/doi/10.1111/ablj.12213 00598nas a2200145 4500008004100000245010900041210006900150260000900219653001700228653001400245100002300259700001600282700001700298856013700315 2022 eng d 00 aThe (Ir)Responsible American Consumer: Examining Morality and Responsibilization for Armed Self-Defense 0 aIrResponsible American Consumer Examining Morality and Responsib c2022 10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/irresponsible-american-consumer-examining-morality-and-responsibilization-armed-self-defense 01719nas a2200145 4500008004100000245007700041210006900118260000900187520119300196653001701389100001701406700002101423700001601444856011301460 2022 eng d 00 aRevisiting Meriwether v. Hartop and Academic Freedom in Higher Education 0 aRevisiting Meriwether v Hartop and Academic Freedom in Higher Ed c2022 3 aAlthough the nature and extent of academic freedom has been subject to analysis for over a century, recent developments underscore the need to reconsider the proper scope of academic freedom. These developments include Meriwether v. Hartop, a 2021 Sixth Circuit decision in which a professor claimed a Constitutional right, based in academic freedom, to refuse to use a student’s pronouns; the growing science of pedagogy and understanding of how students learn; and the changing role of higher education in the United States. We propose updated factors for assessing the scope of academic freedom that balance the interests of the university, individual faculty members, students, and the general public. In doing so, we specifically address and discuss the interest of the state in delivering an “effective education”—a concept that we ground in both the literature of constitutional rights and also the literature of effective pedagogy, linking the interest of the state in delivering effective learning experiences to the science of teaching and learning. We also address the need for the recognition of gender pronouns and the potential for harm when they are not recognized. 10 aBusiness Law 1 aScott, Inara 1 aBrown, Elizabeth 1 aYordy, Eric u/biblio/revisiting-meriwether-v-hartop-and-academic-freedom-higher-education 00650nas a2200121 4500008004100000245008300041210006900124260000900193520017200202653001700374100001700391856012000408 2021 eng d 00 aAs in-person classes resume, colleges shouldn't lose steam on faculty training 0 aAs inperson classes resume colleges shouldnt lose steam on facul c2021 3 aProfessional development in pedagogy should be required when instructors enter the institution and at intervals after that, one dean of teaching and learning explains. 10 aBusiness Law 1 aScott, Inara uhttps://www.highereddive.com/news/as-in-person-classes-resume-colleges-shouldnt-lose-steam-on-faculty-train/598129/ 01162nas a2200145 4500008004100000245009200041210006900133260000900202300001000211490000700221520064100228653001700869100001700886856011300903 2021 eng d 00 aLearning to "Think Like a Lawyer": Developing a Metacognitive Model for Legal Reasoning 0 aLearning to Think Like a Lawyer Developing a Metacognitive Model c2021 a34-42 0 v69 3 aIn the area of law, metacognition is an implicit goal of instruction, as legal studies classes often stress learning to “think like a lawyer.” However, the explicit metacognitive model for using legal reasoning to break down complex problems and seek solutions is rarely identified. This article explicitly identifies the metacognitive model for thinking like a lawyer and provides concrete steps for direct instruction in this method of analysis. The method of analysis and the resulting model are useful to beyond the legal studies classroom, as the legal reasoning model is substantially similar to a model for critical thinking. 10 aBusiness Law 1 aScott, Inara u/biblio/learning-think-lawyer-developing-metacognitive-model-legal-reasoning 01457nas a2200169 4500008004100000245007100041210006900112260000900181300001100190490000700201520089800208653001701106100001701123700002101140700001601161856011001177 2020 eng d 00 aR Corps: When Should Corporate Values Receive Religious Protection 0 aR Corps When Should Corporate Values Receive Religious Protectio c2020 a91-133 0 v17 3 aIn this article, we explain how a corporation might invoke religious freedom claims in order to protect corporate values such as diversity, equality, sanctuary, or women’s access to reproductive care which are not exclusively associated with a religion, and are often held by secular entities. In order to do so, we must address the following unresolved legal issues: 1) How can one define whether a set of beliefs are “religious” when those beliefs are held not just by a single individual, but by a diverse collection of individuals? 2) Does the meaning of religion change when it is no longer exercised by a human being but instead by a corporation? 3) Importantly, how would a court evaluate the religious claims of a business entity made up of diverse owners, members, and/or shareholders? And 4) What are the broader consequences, benefits and detriments of protecting such claims? 10 aBusiness Law 1 aScott, Inara 1 aBrown, Elizabeth 1 aYordy, Eric u/biblio/r-corps-when-should-corporate-values-receive-religious-protection 01999nas a2200145 4500008004100000245009300041210006900134260000900203300001200212490000700224520146600231653001701697100001701714856012201731 2020 eng d 00 aThe Trouble with Boycotts: Are Fossil Fuel Divest Campaigns Unlawful Concerted Activity? 0 aTrouble with Boycotts Are Fossil Fuel Divest Campaigns Unlawful c2020 a5377591 0 v57 3 aOrganizations like 350.org, Insure Our Future, and DivestInvest are leading campaigns to urge boycott and divestment from fossil fuels as a means to address climate change. Increasingly, they are finding success, from individual consumers to massive pension and sovereign wealth funds. However, as organized group boycotts, divest campaigns may be vulnerable to prosecution under antitrust law. This article explores the likelihood of success in such a case, considering the history of the legal treatment of organized boycotts, the scope and purpose of antitrust law, and the possible application of the First Amendment to the divestment context. The article finds that fossil fuel boycotts straddle a number of contradictory characteristics, making application of existing theories inadequate. In particular, existing precedent protects political boycotts, but not those with primarily economic objectives, and fails to definitively address whether a noncompetitive actor may undertake concerted action under antitrust law. In the context of climate change, where the political is economic, and political goals may seek significant economic changes (such as undermining an entire industry), existing theories may lead to a result that threatens both free expression and the health of the planet. The essential flexibility of the Sherman Act, however, provides room for protection of political activity, even where the ultimate objective is economic in nature. 10 aBusiness Law 1 aScott, Inara u/biblio/trouble-boycotts-are-fossil-fuel-divest-campaigns-unlawful-concerted-activity 00545nas a2200145 4500008004100000245007200041210006900113260002700182653001700209653001400226100002300240700001600263700001700279856010300296 2019 eng d 00 aAmerican Consumers' Understandings of the Right to Consume Firearms 0 aAmerican Consumers Understandings of the Right to Consume Firear aMontreal, Canada c2019 10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/american-consumers-understandings-right-consume-firearms-0 00525nas a2200145 4500008004100000245007200041210006900113260000900182653001700191653001400208100002300222700001600245700001700261856010100278 2019 eng d 00 aAmerican Consumers' Understandings of the Right to Consume Firearms 0 aAmerican Consumers Understandings of the Right to Consume Firear c2019 10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/american-consumers-understandings-right-consume-firearms 00533nas a2200145 4500008004100000245008200041210006900123260000900192300001100201490000700212653001700219100001700236700002100253856011300274 2019 eng d 00 aBelief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace 0 aBelief v Belief Resolving LGBTQ Rights Conflicts in the Religiou c2019 a55-113 0 v56 10 aBusiness Law 1 aScott, Inara 1 aBrown, Elizabeth u/biblio/belief-v-belief-resolving-lgbtq-rights-conflicts-religious-workplace 01008nas a2200157 4500008004100000245003400041210003200075260002700107300001600134490000700150520056900157653001700726100001700743700001800760856007200778 2019 eng d 00 aEnvironmental Law. Disrupted. 0 aEnvironmental Law Disrupted aWashington, D.C. c2019 a10038-10063 0 v49 3 aThe U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this Article, members of the Environmental Law Collaborative have taken on the question of whether environmental law as we currently know it is up to the job of addressing these threats, and, if not, what the path forward should be. 10 aBusiness Law 1 aScott, Inara 1 aTakacs, David uhttps://elr.info/news-analysis/49/10038/environmental-law-disrupted 00611nas a2200145 4500008004100000245012500041210006900166260000900235653001700244653001400261100002300275700001600298700001700314856013400331 2019 eng d 00 aRelating American's Responses to the Marketization of Armed Self-Defense to their Understandings of the Second Amendment 0 aRelating Americans Responses to the Marketization of Armed SelfD c2019 10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/relating-americans-responses-marketization-armed-self-defense-their-understandings-second 00323nas a2200109 4500008004100000245002500041210002500066260002300091653001700114100001700131856006500148 2018 eng d 00 aEnvironmental Policy 0 aEnvironmental Policy aNew York, NY c2018 10 aBusiness Law 1 aScott, Inara u/biblio/environmental-policy 01060nas a2200157 4500008004100000245009900041210006900140260000900209300001200218490000700230520047100237653001700708100003000725700001700755856013000772 2018 eng d 00 aRedefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening 0 aRedefining Corporate Social Responsibility in an Era of Globaliz c2018 a167-218 0 v55 3 aThrough our analysis of corporate trends, regulations, and case law from the United States, European Union, China, and India, we argue that the process of legalization and redefinition of CSR through a shareholder primacy lens may, troublingly, undermine the very notion of corporate social responsibility. In the face of these trends, this article redefines CSR with a reference to a fresh commitment to corporations’ social and ethical responsibility to society. 10 aBusiness Law 1 aBerger-Walliser, Gerlinde 1 aScott, Inara u/biblio/redefining-corporate-social-responsibility-era-globalization-and-regulatory-hardening 01208nas a2200157 4500008004100000245007500041210006900116260002700185300001400212490000700226520065600233653001700889100001700906700002100923856010600944 2018 eng d 00 aSanctuary Corporations: Time for Liberal Corporations to Get Religion? 0 aSanctuary Corporations Time for Liberal Corporations to Get Reli aPhiladelphia, PA c2018 a1102-1144 0 v20 3 aSpurred on by the Trump administration’s aggressive deportation policies, the “sanctuary” movement has seen rapid growth in both religious and secular contexts. Some businesses have publicly expressed their support for undocumented people, but what happens if these businesses run afoul of immigration laws? Following the logic of Hobby Lobby v. Burwell, we argue that the Religious Freedom Restoration Act could provide a shield for businesses, provided they act out of a sincere religious belief. We also discuss the heightened role of religion in today’s legal landscape, and how this may ultimately be a dangerous result for civil society. 10 aBusiness Law 1 aScott, Inara 1 aBrown, Elizabeth u/biblio/sanctuary-corporations-time-liberal-corporations-get-religion 00521nas a2200133 4500008004100000245009100041210006900132260000900201300001200210490000600222653001700228100001700245856012500262 2018 eng d 00 aUtilizing Energy and Environmental Law: Focus on Innovation, Creativity, and Economics 0 aUtilizing Energy and Environmental Law Focus on Innovation Creat c2018 a557-564 0 v4 10 aBusiness Law 1 aScott, Inara u/biblio/utilizing-energy-and-environmental-law-focus-innovation-creativity-and-economics 00529nas a2200109 4500008004100000245012200041210006900163260002300232653001700255100001700272856013000289 2018 eng d 00 aWhen Values Collide: The Complex Interaction of Free Expression, RFRA, and the Fourteenth Amendment in the Workplace 0 aWhen Values Collide The Complex Interaction of Free Expression R aMonterey, CA c2018 10 aBusiness Law 1 aScott, Inara u/biblio/when-values-collide-complex-interaction-free-expression-rfra-and-fourteenth-amendment 00546nas a2200169 4500008004100000245007800041210006900119260000900188300001000197490000700207653001500214653001700229100002000246700001800266700001700284856007500301 2017 eng d 00 aBeyond Budgeting: Distinguishing Modes of Adaptive Performance Management 0 aBeyond Budgeting Distinguishing Modes of Adaptive Performance Ma c2017 a33-53 0 v29 10 aAccounting 10 aBusiness Law 1 aO'Grady, Winnie 1 aAkroyd, Chris 1 aScott, Inara uhttp://www.emeraldinsight.com/doi/abs/10.1108/S1474-787120170000029003 00309nas a2200109 4500008004100000245002100041210002100062260002100083653001700104100001700121856006100138 2017 eng d 00 aClean Power Plan 0 aClean Power Plan aEugene, OR c2017 10 aBusiness Law 1 aScott, Inara u/biblio/clean-power-plan 00492nas a2200109 4500008004100000245009200041210006900133260002700202653001700229100001700246856011900263 2017 eng d 00 aCorporate Social Responsibility in an Era of Legalization: An International Perspective 0 aCorporate Social Responsibility in an Era of Legalization An Int aPalm Springs, CA c2017 10 aBusiness Law 1 aScott, Inara u/biblio/corporate-social-responsibility-era-legalization-international-perspective 01146nas a2200301 4500008004100000245005000041210004800091260000900139300001600148490000700164520030800171653001700479100001700496700002000513700002500533700001900558700002000577700001900597700001900616700002000635700002100655700002500676700001300701700001700714700001800731710001800749856007700767 2017 eng d 00 aEnergy Policy: No Place for Zero-Sum Thinking 0 aEnergy Policy No Place for ZeroSum Thinking c2017 a10328-10351 0 v47 3 aEnvironmental law and environmental protection are often portrayed as requiring trade offs: “jobs versus environment,” “markets versus regulation,” “enforcement versus incentives.” The authors explore the meaning and the role of zero-sum environmentalism as a first step in moving beyond it. 10 aBusiness Law 1 aScott, Inara 1 aBaker, Shalanda 1 aCraig, Robin, Kundis 1 aDernbach, John 1 aHirokawa, Keith 1 aKrakoff, Sarah 1 aOwley, Jessica 1 aPowers, Melissa 1 aRoesler, Shannon 1 aRosenbloom, Jonathan 1 aRuhl, JB 1 aSalzman, Jim 1 aTakacs, David 1 aEmptyAuthNode uhttps://elr.info/news-analysis/47/10328/beyond-zero-sum-environmentalism 00392nas a2200109 4500008004100000245005000041210004800091260002400139653001700163100001700180856008500197 2017 eng d 00 aEnergy Policy: No Place for Zero-Sum Thinking 0 aEnergy Policy No Place for ZeroSum Thinking aWashington DC c2017 10 aBusiness Law 1 aScott, Inara u/biblio/energy-policy-no-place-zero-sum-thinking 00366nas a2200109 4500008004100000245003900041210003900080260002400119653001700143100001700160856007900177 2017 eng d 00 aImplicit Bias and Higher Education 0 aImplicit Bias and Higher Education aCorvallis, OR c2017 10 aBusiness Law 1 aScott, Inara u/biblio/implicit-bias-and-higher-education 00642nas a2200169 4500008004100000245008600041210006900127260002200196653001700218100001700235700002000252700002200272700001700294700002200311700002000333856011900353 2017 eng d 00 aLaw, Management, and Strategy: Collapsing Boundaries and Managing the Interstices 0 aLaw Management and Strategy Collapsing Boundaries and Managing t aAtlanta, GA c2017 10 aBusiness Law 1 aScott, Inara 1 aSulkowski, Adam 1 aBagley, Constance 1 aNelson, J.S. 1 aShrivastava, Paul 1 aWaddock, Sandra u/biblio/law-management-and-strategy-collapsing-boundaries-and-managing-interstices 00536nas a2200109 4500008004100000245012200041210006900163260002200232653001700254100001700271856013800288 2017 eng d 00 aLegislation and Response: Understanding the Role of the Individual in Implementing Social Change Legislation at Work 0 aLegislation and Response Understanding the Role of the Individua aAtlanta, GA c2017 10 aBusiness Law 1 aScott, Inara u/biblio/legislation-and-response-understanding-role-individual-implementing-social-change-legislation 00833nas a2200121 4500008004100000245004200041210004200083260002000125520045800145653001700603100001700620856007400637 2017 eng d 00 aOff Grid Solar and the Global Compact 0 aOff Grid Solar and the Global Compact aSheffield c2017 3 aIn remote rural areas, off-grid solar lighting may be the first step on a path to education and sustainable growth. However, serving this market can be difficult for established businesses accustomed to working in developed markets. This chapter offers research-based insight into the best practices for operating in subsistence markets, with a particular emphasis on how these practices are implemented by enterprises providing off-grid solar lighting. 10 aBusiness Law 1 aScott, Inara u/biblio/grid-solar-and-global-compact 01416nas a2200157 4500008004100000245005400041210005400095260000900149300001200158490000700170520098200177653001701159100001701176700002101193856004401214 2017 eng d 00 aRedefining and Regulating the New Sharing Economy 0 aRedefining and Regulating the New Sharing Economy c2017 a553-751 0 v19 3 aWhile proponents of regulating the sharing economy suggest a need to protect public health, workers, and incumbent businesses, to ensure localities are made whole for the use of public services, opponents of regulation argue that government intervention will stifle innovation and undermine economic and community benefits. The problem with both sides of this argument is that advocates and detractors alike often fail to address the wide differences among the practices and business entities that currently fall under the same umbrella. To address this inappropriate conflation and the resulting confusion among consumers and regulators alike, the goal of this article is to define the sharing economy as it now stands and to create a taxonomy that distinguishes and differentiates the various types of business entities that have been lumped into it. This article then proposes regulatory responses to the differing categories in the taxonomy based on the risks they present. 10 aBusiness Law 1 aScott, Inara 1 aBrown, Elizabeth uhttps://www.law.upenn.edu/journals/jbl/ 00550nas a2200121 4500008004100000245009900041210006900140260002300209653001700232100001700249700003000266856013200296 2017 eng d 00 aRedefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening 0 aRedefining Corporate Social Responsibility in an Era of Globaliz aSavannah, GA c2017 10 aBusiness Law 1 aScott, Inara 1 aBerger-Walliser, Gerlinde u/biblio/redefining-corporate-social-responsibility-era-globalization-and-regulatory-hardening-0 00499nas a2200121 4500008004100000245007400041210006900115260002400184653001700208100001700225700003000242856010500272 2017 eng d 00 aRedesigning Corporate Social Responsibility in an Era of Legalization 0 aRedesigning Corporate Social Responsibility in an Era of Legaliz aVancouver, BC c2017 10 aBusiness Law 1 aScott, Inara 1 aBerger-Walliser, Gerlinde u/biblio/redesigning-corporate-social-responsibility-era-legalization 00548nas a2200145 4500008004100000245007100041210006700112260003100179653001500210653001700225100001800242700002000260700001700280856010500297 2016 eng d 00 aAn adaptive management model: A beyond budgeting informed approach 0 aadaptive management model A beyond budgeting informed approach aMelbourne, Australia c2016 10 aAccounting 10 aBusiness Law 1 aAkroyd, Chris 1 aO'Grady, Winnie 1 aScott, Inara u/biblio/adaptive-management-model-beyond-budgeting-informed-approach 01846nas a2200145 4500008004100000245007800041210006900119260002100188300001100209490000700220520137200227653001701599100001701616856006701633 2016 eng d 00 aAntitrust and Socially Responsible Collaboration: A Chilling Combination? 0 aAntitrust and Socially Responsible Collaboration A Chilling Comb aMalden, MA c2016 a97-144 0 v53 3 aBusinesses are increasingly using collaboration to address concerns about sustainability, transparency, human rights, and labor conditions in global markets. Such collaborations include the development of certifications and standards, the sharing of information about factories and suppliers, and agreements to share facilities, like less than full delivery trucks. Yet at the same time, federal antitrust policies broadly prohibit agreements that restrain trade or commerce, creating the potential for innovative collaborations to result in legal prosecution. This article applies antitrust law to socially responsible and sustainable business collaboration in an effort to determine whether antitrust law chills potentially beneficial agreements. The article concludes that careful structuring of agreements can avoid many antitrust violations, but also finds that certain types of agreements, including those that could have the most impact on scarce resources and vulnerable commodity producers, are forbidden. Accordingly, this article argues that per se rules forbidding certain practices, including price fixing and resource sharing, be reconsidered in light of current economic and environmental conditions. It also questions certain assumptions about the benefits of competition in light of current environmental, human rights, and sustainability challenges. 10 aBusiness Law 1 aScott, Inara uhttp://onlinelibrary.wiley.com/doi/10.1111/ablj.12073/abstract 00594nas a2200145 4500008004100000245009200041210006900133260003100202653001500233653001700248100001800265700002000283700001700303856012800320 2016 eng d 00 aBeyond budgeting and management change: Responding flexibly to environmental turbulence 0 aBeyond budgeting and management change Responding flexibly to en aMonterey, California c2016 10 aAccounting 10 aBusiness Law 1 aAkroyd, Chris 1 aO'Grady, Winnie 1 aScott, Inara u/biblio/beyond-budgeting-and-management-change-responding-flexibly-environmental-turbulence 01410nas a2200145 4500008004100000245010700041210006900148260000900217300001000226490000700236520091600243653001701159100001701176856007101193 2016 eng d 00 aA business model for success: Enterprises serving the base of the pyramid with off-grid solar lighting 0 abusiness model for success Enterprises serving the base of the p c2016 a50-55 0 v70 3 aBasic electric service is essential to sustainable development, yet for remote rural areas, connecting to an electric grid can be economically and geographically unfeasible. Firms have sought to bring basic electric service to isolated and impoverished rural areas using off-grid solar lights and solar home systems, but often meet challenges common to base of the pyramid (BOP) markets. This article examines the intersection of theories related to successful business models for enterprises serving the base of the pyramid and studies of off-grid renewable energy enterprises. It identifies relevant and overlapping themes, and creates a framework for a successful business model that includes four primary components: community interaction; partnerships; local capacity building; and addressing barriers unique to the off-grid market, including financing, education, and development of distribution networks. 10 aBusiness Law 1 aScott, Inara uhttp://www.sciencedirect.com/science/article/pii/S1364032116309315 01874nas a2200145 4500008004100000245010100041210006900142260002400211300001200235490000600247520140800253653001701661100001701678856003301695 2016 eng d 00 aIncentive Regulation, New Business Models, and the Transformation of the Electric Power Industry 0 aIncentive Regulation New Business Models and the Transformation aAnn Arbor, MI c2016 a319-370 0 v5 3 aThe electric utility sector is in the midst of paradigmatic change. Market forces include decreased load growth and technological advances in distributed energy resources, alongside pressures for decarbonization and demands for increased efficiency and new utility services. Meanwhile, as the utility monopoly is undermined and profits slow, financial analysts signal increasing risk to potential utility investors. Suggestions for changes to the existing regulatory structure abound. At the broadest level, the changes that have been proposed reflect an established divide between energy policy, which traditionally focuses on economics and markets, and environmental law, which is based in the protection of natural resources and ecosystems. This article: 1) identifies regulatory and economic incentives embedded in the current utility system; 2) assesses current market trends and new utility goals; and 3) analyzes the intersection of embedded regulatory incentives and key proposals for regulatory changes in light of the new goals. It finds that proposals for changes to the regulatory structure often fail to account for existing regulatory incentives, and ignore opportunities to use regulatory incentives to modify and incentivize desired utility behavior. It concludes with recommendations for ways to incorporate incentive-based regulation in proposals for new utility regulatory structures. 10 aBusiness Law 1 aScott, Inara uhttp://www.mjeal-online.org/ 00696nas a2200121 4500008004100000245006000041210005900101260002500160520025600185653001700441100001700458856009900475 2016 eng d 00 aPromise and Peril: National Security and Climate Change 0 aPromise and Peril National Security and Climate Change aWashington, DC c2016 3 aIn this chapter, I explore the national security implications of climate change, with particular attention to the way national security issues may allow for adaptation and mitigation efforts without creating conflict over the source of climate change. 10 aBusiness Law 1 aScott, Inara u/biblio/promise-and-peril-national-security-and-climate-change 00527nas a2200109 4500008004100000245011400041210006900155260002800224653001700252100001700269856013100286 2016 eng d 00 aToward a Taxonomy of Sharing: Categorizing, Assessing, and Regulating Distinct Aspects of the Sharing Economy 0 aToward a Taxonomy of Sharing Categorizing Assessing and Regulati aSan Francisco, CA c2016 10 aBusiness Law 1 aScott, Inara u/biblio/toward-taxonomy-sharing-categorizing-assessing-and-regulating-distinct-aspects-sharing 00471nas a2200109 4500008004100000245007800041210006900119260002300188653001700211100001700228856011600245 2015 eng d 00 aAntitrust and Socially Responsible Collaboration: A Chilling Combination? 0 aAntitrust and Socially Responsible Collaboration A Chilling Comb aPhiladelphia c2015 10 aBusiness Law 1 aScott, Inara u/biblio/antitrust-and-socially-responsible-collaboration-chilling-combination-0 01526nas a2200133 4500008004100000245005400041210005400095260002300149490000700172520108000179653001701259100001701276856009901293 2015 eng d 00 aApplying Stakeholder Theory to Utility Regulation 0 aApplying Stakeholder Theory to Utility Regulation aBerkeley, CA c2015 0 v42 3 aMany in the energy sector are calling for a transformation of the traditional utility model. However, proposals for “Utility 2.0” typically maintain the bilateral, adversarial relationship between the utility and its regulator. This article posits that one of the key flaws in the U.S. utility regulatory system is this myopic decision-making process, which limits the potential for consideration of stakeholder interests and more comprehensive systems thinking. While expanding the interests considered by utilities and regulators will not solve other problems embedded in traditional utility regulation, a broadening of the consideration of stakeholder interests will almost certainly allow for more comprehensive long-term planning, greater attention to environmental and other stakeholder concerns, and the potential for transformational policy choices. The article therefore offers a new governance structure that would bring stakeholder interests to the regulatory table and allow utilities and regulators to include these interests in key decision-making contexts. 10 aBusiness Law 1 aScott, Inara uhttp://elq.typepad.com/currents/2015/01/applying-stakeholder-theory-to-utility-regulation.html 00504nas a2200109 4500008004100000245009700041210006900138260002900207653001700236100001700253856012400270 2015 eng d 00 aIncentive Regulation, Business Models, and the Transformation of the Electric Power Industry 0 aIncentive Regulation Business Models and the Transformation of t aSouth Royalton, VT c2015 10 aBusiness Law 1 aScott, Inara u/biblio/incentive-regulation-business-models-and-transformation-electric-power-industry 00829nas a2200157 4500008004100000245008900041210006900130260000900199300000700208490000700215520033800222653001700560100001700577700001900594856005800613 2015 eng d 00 aPlanning for the Future of the Electric Power Sector through Regional Collaboratives 0 aPlanning for the Future of the Electric Power Sector through Reg c2015 a11 0 v28 3 aAs it undergoes rapid evolutionary change, the electric power sector has become highly fragmented and complex, with divided responsibilities, lopsided investments, and insufficient coordination to set goals and meet them. The use of regional collaborative governance structures might reimagine the goals and governance of the sector. 10 aBusiness Law 1 aScott, Inara 1 aBernell, David uhttp://www.sciencedirect.com/science/journal/10406190 00958nas a2200301 4500008004100000245004400041210004200085260002500127300001500152490000700167520013000174653001700304100002700321700002500348700002300373700002500396700002300421700002400444700002500468700002600493700002400519700001900543700002100562700002500583700001700608700001800625856001300643 2015 eng d 00 aA Response to the IPCC Fifth Assessment 0 aResponse to the IPCC Fifth Assessment aWashington, DC c2015 a1002710048 0 v45 3 aIn this article, the authors respond to various sections of the Intergovernmental Panel on Climate Change's Fifth Assessment. 10 aBusiness Law 1 aAdams-Schoen, Sarah, J 1 aBadrinarayana, Deepa 1 aCarlarne, Cinnamon 1 aCraig, Robin, Kundis 1 aDernbach, John, C. 1 aHirokawa, Keith, H. 1 aKlass, Alexandra, B. 1 aKuh, Katrina, Fischer 1 aMiller, Stephen, R. 1 aOwley, Jessica 1 aRoesler, Shannon 1 aRosenbloom, Jonathan 1 aScott, Inara 1 aTakacs, David uelr.info 00487nas a2200109 4500008004100000245008800041210006900129260002100198653001700219100001700236856012400253 2015 eng d 00 aSocial enterprise and local entrepreneurship: bringing energy to developing nations 0 aSocial enterprise and local entrepreneurship bringing energy to aStorrs, CT c2015 10 aBusiness Law 1 aScott, Inara u/biblio/social-enterprise-and-local-entrepreneurship-bringing-energy-developing-nations 00507nas a2200109 4500008004100000245010200041210006900143260002300212653001700235100001700252856012800269 2014 eng d 00 aKeeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity 0 aKeeping the Lights on Examining and ReImagining NLRA Preemption aMonteray, CA c2014 10 aBusiness Law 1 aScott, Inara u/biblio/keeping-lights-examining-and-re-imagining-nlra-preemption-time-electric-necessity-4 00506nas a2200109 4500008004100000245010200041210006900143260002200212653001700234100001700251856012800268 2014 eng d 00 aKeeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity 0 aKeeping the Lights on Examining and ReImagining NLRA Preemption aSeattle, WA c2014 10 aBusiness Law 1 aScott, Inara u/biblio/keeping-lights-examining-and-re-imagining-nlra-preemption-time-electric-necessity-3 01920nas a2200145 4500008004100000245010200041210006900143260002000212300001200232490000700244520136100251653001701612100001701629856012801646 2014 eng d 00 aKeeping the Lights On: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity 0 aKeeping the Lights On Examining and ReImagining NLRA Preemption aTulsa, OK c2014 a415-446 0 v35 3 aStrikes or lockouts at an electric utility can lead to delayed maintenance in the best case, or blackouts in the worst. In a society dependent on electricity for everything from health care to safe drinking water, a disruption in utility service could cause untold damage. Yet thanks to the expansive doctrine of preemption under the National Labor Relations Act (NLRA), many public utility commissions (“PUCs”)—the state entities that regulate electric utilities—have concluded that they are prohibited from intervening in labor disputes, even when public safety is threatened. Given the magnitude of harm that could be caused by electric service disruptions, clarification of PUCs’ authority is necessary. This article analyzes the extent to which state agencies retain the power to regulate utilities and protect their citizens, even when their actions may, either directly or indirectly, impact collective bargaining or alter the balance of power between labor and management. The article illustrates the authority of state utility regulators to set service and safety standards, oversee utility staffing, and intervene in labor disputes. In addition, the article proposes a re-thinking of NLRA preemption doctrine as applied to electric utilities, and suggests possible reforms to accommodate the role electricity plays in today’s society. 10 aBusiness Law 1 aScott, Inara u/biblio/keeping-lights-examining-and-re-imagining-nlra-preemption-time-electric-necessity-2 00535nas a2200109 4500008004100000245012700041210006900168260002300237653001700260100001700277856013100294 2014 eng d 00 aMandatory Adoption of Stakeholder Review Processes To Improve Sustainability and Certainty of Utility Resource Acquisition 0 aMandatory Adoption of Stakeholder Review Processes To Improve Su aPortland, OR c2014 10 aBusiness Law 1 aScott, Inara u/biblio/mandatory-adoption-stakeholder-review-processes-improve-sustainability-and-certainty-0 00534nas a2200109 4500008004100000245012200041210006900163260002200232653001700254100001700271856013600288 2014 eng d 00 aMandatory Adoption of Stakeholder Review Processes to Improve Sustainability and Responsiveness of Utility Governance 0 aMandatory Adoption of Stakeholder Review Processes to Improve Su aSeattle, WA c2014 10 aBusiness Law 1 aScott, Inara u/biblio/mandatory-adoption-stakeholder-review-processes-improve-sustainability-and-responsiveness-0 01701nas a2200133 4500008004100000245012000041210006900161260002100230490000700251520113900258653001701397100001701414856013601431 2014 eng d 00 aTeaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Climate Challenges 0 aTeaching an Old Dog New Tricks Adapting Public Utility Commissio aBoston, MA c2014 0 v38 3 aClimate change and efforts to address it have put the electric utility system under increasing pressure to adapt and evolve. Key to the success of these efforts will be the support of public utility commissions, the state agencies that oversee retail electric utilities. In an effort to determine how these commissions will make decisions, this article explores the history, enabling legislation, and jurisdiction of commissions. It concludes that the authority and purpose of commissions has been narrowly defined to focus almost exclusively on short-term rate impacts to current utility customers, and as a result, efforts to reduce greenhouse gas emissions, modernize or transform the electric grid, or expand the path for new technologies such as electric vehicles, will not come from commissions, and in fact may be blocked by the same. Accordingly, the article offers options for modernization, ultimately recommending a melding of economic and environmental goals through a long-term planning process that balances cost and risk, yet remains squarely within the jurisdiction and historical purpose of the regulatory commission. 10 aBusiness Law 1 aScott, Inara u/biblio/teaching-old-dog-new-tricks-adapting-public-utility-commissions-meet-twenty-first-century-0 00410nas a2200109 4500008004100000245005400041210005400095260002300149653001700172100001700189856009400206 2013 eng d 00 aCreating A 21st Century Public Utility Commission 0 aCreating A 21st Century Public Utility Commission aMonterey, CA c2013 10 aBusiness Law 1 aScott, Inara u/biblio/creating-21st-century-public-utility-commission-0 01788nas a2200133 4500008004100000245006200041210006100103260002100164490000800185520132000193653001701513100001701530856010701547 2013 eng d 00 aCreating a Twenty-First Century Public Utility Commission 0 aCreating a TwentyFirst Century Public Utility Commission aFresno, CA c2013 0 vn/a 3 aClimate change and efforts to address it have put the electric utility system is under increasing pressure. New policy activities include efforts to increase the penetration of renewable resources, update aging transmission and distribution system infrastructure and transition to a more distributed generation model. Key to the success of these initiatives will be the support of public utility commissions—the state agencies that oversee retail electric utilities. In an effort to determine how these commissions will make decisions, this article explores the history, enabling legislation, and jurisdiction of commissions. It concludes that the authority and purpose of commissions has been narrowly interpreted to focus almost exclusively on short-term rate impacts to utility customers. As a result, efforts to reduce greenhouse gas emissions, modernize or transform the grid, or expand the path for new technologies such as electric vehicles, will not come from commissions, and in fact may be blocked by the same. Accordingly, the article offers options for modernization, ultimately recommending a melding of economic and environmental goals through a long-term planning process that balances cost and risk, yet remains squarely within the jurisdiction and historical purpose of the regulatory commission. 10 aBusiness Law 1 aScott, Inara uhttp://www.alsb.roundtablelive.org/Resources/Documents/2012-WALSB-Conference%20Registration%20Form.pdf 01872nas a2200133 4500008004100000245013200041210006900173260005100242490000700293520134700300653001701647100001701664856005701681 2013 eng d 00 a"Dancing Backward in High Heels": Examining and Addressing the Disparate Treatment of Energy Efficiency and Renewable Resources 0 aDancing Backward in High Heels Examining and Addressing the Disp aLewis and Clark Law School, Portland, OR c2013 0 v42 3 aBoth energy efficiency and renewable resources offer significant benefits to utilities, their customers, and society as a whole. Yet energy efficiency programs face formidable barriers to adoption that renewable resources do not. While both renewable and efficiency resources have received significant funding in recent years, government support for renewables continues to dwarf that for efficiency measures, and regulatory policies consistently discourage utilities from investing in efficiency measures even while they incentivize investment in renewables. This Article examines the parallel development of renewable resource and energy efficiency programs within utilities, compares the differing treatment of each, and offers concrete recommendations for enhancing energy efficiency adoption by modifying existing policies to more closely resemble those applied to renewable resources. The Article concludes that the historic disincentives to implementing efficiency policies can be remedied by: 1) updating ratemaking structures to ensure utilities can recover and earn on efficiency investments; 2) streamlining cost effectiveness tests that presently encourage utilities to underestimate and under-invest in efficiency programs; and 3) addressing market barriers by strengthening consumer incentives and market transformation efforts. 10 aBusiness Law 1 aScott, Inara uhttp://law.lclark.edu/law_reviews/environmental_law/ 00563nas a2200109 4500008004100000245014500041210006900186260002700255653001700282100001700299856013700316 2013 eng d 00 a“Dancing Backward in High Heels": Examining and Addressing the Disparate Regulatory Treatment of Energy Efficiency and Renewable Resources 0 aDancing Backward in High Heels Examining and Addressing the Disp aPalm Springs, CA c2013 10 aBusiness Law 1 aScott, Inara u/biblio/dancing-backward-high-heels-examining-and-addressing-disparate-regulatory-treatment-energy-0 00495nas a2200109 4500008004100000245009400041210006900135260001700204653001700221100001700238856013000255 2013 eng d 00 aTeaching an Old Dog New Tricks: Creating a Twenty-First Century Public Utility Commission 0 aTeaching an Old Dog New Tricks Creating a TwentyFirst Century Pu aBoston c2013 10 aBusiness Law 1 aScott, Inara u/biblio/teaching-old-dog-new-tricks-creating-twenty-first-century-public-utility-commission-0 00490nas a2200121 4500008004100000245007500041210006900116260000900185653001700194100001700211700002900228856011100257 2004 eng d 00 aRequests for Production: Inspections; Physical and Mental Examinations 0 aRequests for Production Inspections Physical and Mental Examinat c2004 10 aBusiness Law 1 aScott, Inara 1 aSandmire, Michael, "Sam" u/biblio/requests-production-inspections-physical-and-mental-examinations-0 00497nas a2200133 4500008004100000245008300041210006900124260000900193300000600202490000700208653001700215100001700232856011400249 2003 eng d 00 aDefining ‘Employee’: Supreme Court Resolves Question in Clackamas v. Wells 0 aDefining Employee Supreme Court Resolves Question in Clackamas v c2003 a7 0 v32 10 aBusiness Law 1 aScott, Inara u/biblio/defining-employee-supreme-court-resolves-question-clackamas-v-wells-0 00378nas a2200109 4500008004100000245004900041210004800090260000900138653001700147100001700164856008700181 2003 eng d 00 aSection of Environment, Energy and Resources 0 aSection of Environment Energy and Resources c2003 10 aBusiness Law 1 aScott, Inara u/biblio/section-environment-energy-and-resources-0 00375nas a2200109 4500008004100000245004900041210004800090260000900138653001700147100001700164856008400181 2002 eng d 00 aGot Mold? An Introduction to Mold Litigation 0 aGot Mold An Introduction to Mold Litigation c2002 10 aBusiness Law 1 aScott, Inara u/biblio/got-mold-introduction-mold-litigation-0 00493nas a2200109 4500008004100000245010000041210006900141260000900210653001700219100001700236856013000253 2001 eng d 00 aA Window for Change: Conflicting Ideologies and Legal Reforms in Late Nineteenth-Century 91 0 aWindow for Change Conflicting Ideologies and Legal Reforms in La c2001 10 aBusiness Law 1 aScott, Inara u/biblio/window-change-conflicting-ideologies-and-legal-reforms-late-nineteenth-century-oregon 00480nas a2200109 4500008004100000245009500041210006900136260000900205653001700214100001700231856012200248 2000 eng d 00 aThe Inter-American System of Human Rights: An Effective Means of Environmental Protection? 0 aInterAmerican System of Human Rights An Effective Means of Envir c2000 10 aBusiness Law 1 aScott, Inara u/biblio/inter-american-system-human-rights-effective-means-environmental-protection-0 02006nas a2200157 4500008004000000245005500040210005500095260001800150520150100168653001701669653001401686100002301700700001601723700001701739856009201756 0 engd 00 aMorality Appraisals in Consumer Responsibilization 0 aMorality Appraisals in Consumer Responsibilization c2023 In Press 3 aAbstract: In recent decades, U.S. “pro-gun” lobbying groups, politicians, courts, and market actors have sought to responsibilize U.S. consumers to use firearms to address the societal problem of crime. These responsibilization efforts center an interpretation of the constitutional right to keep and bear arms as an entitlement for individuals to engage in armed protection from criminals. Using interview and online discussion data, this research investigates consumers’ responses to responsibilization for this morally fraught set of behaviors, and the role of consumers’ various understandings of the right to bear arms in these responses. Findings show that acceptance of responsibilization is a matter of proportionality; consumers accept responsibilization for a proportion of specific armed protection scenarios and reject it for the remainder. Acceptance is determined by their appraisals of the morality of the responsibilization sub-processes (Giesler & Veresiu 2014). Consumers’ understanding of the constitutional right serves as a heuristic in these appraisals, with some understandings leading consumers to accept responsibilization across a much larger proportion of scenarios than others. Contributions include illustrating response to responsibilization as a proportionality; illuminating consumers’ active role in appraising responsibilizing efforts; and demonstrating how some consumers come to understand a responsibilized behavior as a moral entitlement.
10 aBusiness Law 10 aMarketing 1 aBarnhart, Michelle 1 aHuff, Aimee 1 aScott, Inara u/biblio/morality-appraisals-consumer-responsibilization 03017nas a2200169 4500008004000000245012900040210006900169260001800238490000700256520235800263653001702621100002002638700001702658700001902675700001502694856013802709 0 engd 00 aWatered Down Voices, Watered Down Justice: A Demand for Polycentricism, Demosprudence, and Praxis in WOTUS Regulatory Reform 0 aWatered Down Voices Watered Down Justice A Demand for Polycentri c2021 In Press 0 v34 3 aFor decades, science has demonstrated that discrete populations have been disproportionately forced to suffer the horrors of living in areas contaminated by toxic and hazardous substances. Communities of color, indigenous communities, and other marginalized communities continuously endure the effects of multigenerational water, air, and land pollution. Whether intentionally or not, EPA and regulatory elites have promulgated so-called “neutral rules” that have resulted in a systemic and ever-expanding national environmental caste. For this to end, EPA must stop being a knowing or unknowing participant in regulatory oppression and become an active agent of regulatory change.
EPA is required to take environmental justice concerns into account when promulgating new regulations; amplifying the voices of traditionally subordinated affected communities is an essential element of this goal. Nevertheless, EPA lacks a systematic method to incorporate direct outreach to and engagement of impacted communities, and has no detailed outline or specific strategy to ensure that the voices of impacted communities are heard. Thus, the Trump Administration was able to promulgate new regulations related to the definition of “waters of the United States” (WOTUS) that are likely to have significant negative impacts on water quality, much of which will be borne by disenfranchised communities, while affording those communities little to no voice in the regulatory process.
This Article maintains that the Biden EPA should adopt a sociolegal approach, informed by the theoretical principles of polycentrism and demosprudence, to address systematic and decades-long environmental injustices. This approach would help shift and redistribute power from environmental regulatory elites to the people most affected by environmental harms. Using the case study of WOTUS regulatory reform, we argue that the Biden EPA has a perfect opportunity to create a more inclusive regulatory process that expands the power of historically disenfranchised people, while addressing known harms that will result from the current regulations. The Biden EPA could use WOTUS reform to establish a new paradigm for expanding the power of non-elites and create a model for a more equitable form of regulatory decision-making and a more democratic form of governance. 10 aBusiness Law 1 aMcCrory, Martin 1 aScott, Inara 1 aRaymond, Angie 1 aLevy, Paul u/biblio/watered-down-voices-watered-down-justice-demand-polycentricism-demosprudence-and-praxis-wotus