TY - HEAR T1 - Morality Appraisals in Consumer Responsibilization Y1 - 2023 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing JA - University of Connecticut Marketing Speaker Series CY - Storrs, Connecticut U2 - c U4 - 261451874304 ID - 261451874304 ER - TY - CHAP T1 - Resilient Teaching in an Era of Disruption Y1 - 2023 A1 - Scott,Inara KW - Business Law CY - Sterling, VA U2 - d U4 - 253081712640 ID - 253081712640 ER - TY - ABST T1 - The Changing Faces of Business Law and Sustainability Y1 - 2022 A1 - Cahoy,Dan A1 - Park ,Stephen Kim A1 - Scott,Inara KW - Business Law VL - 59 UR - https://onlinelibrary.wiley.com/doi/10.1111/ablj.12213 CP - 4 U2 - d U4 - 253080428544 ID - 253080428544 ER - TY - CONF T1 - The (Ir)Responsible American Consumer: Examining Morality and Responsibilization for Armed Self-Defense T2 - Association for Consumer Research 2022 Conference Y1 - 2022 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing JA - Association for Consumer Research 2022 Conference U2 - b U4 - 233661792256 ID - 233661792256 ER - TY - JOUR T1 - Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education JF - American Business Law Journal Y1 - 2022 A1 - Scott,Inara A1 - Brown,Elizabeth A1 - Yordy,Eric KW - Business Law AB - Although 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. U2 - a U4 - 229696382976 ID - 229696382976 ER - TY - MGZN T1 - As in-person classes resume, colleges shouldn't lose steam on faculty training Y1 - 2021 A1 - Scott,Inara KW - Business Law AB - Professional development in pedagogy should be required when instructors enter the institution and at intervals after that, one dean of teaching and learning explains. UR - https://www.highereddive.com/news/as-in-person-classes-resume-colleges-shouldnt-lose-steam-on-faculty-train/598129/ U2 - d U4 - 229696876544 ID - 229696876544 ER - TY - JOUR T1 - Learning to "Think Like a Lawyer": Developing a Metacognitive Model for Legal Reasoning JF - College Teaching Y1 - 2021 A1 - Scott,Inara KW - Business Law AB - In 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. VL - 69 CP - 1 U2 - a U4 - 189575155712 ID - 189575155712 ER - TY - JOUR T1 - R Corps: When Should Corporate Values Receive Religious Protection JF - Berkeley Business Law Journal Y1 - 2020 A1 - Scott,Inara A1 - Brown,Elizabeth A1 - Yordy,Eric KW - Business Law AB - In 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? VL - 17 CP - 1 U2 - a U4 - 184533557248 ID - 184533557248 ER - TY - JOUR T1 - The Trouble with Boycotts: Are Fossil Fuel Divest Campaigns Unlawful Concerted Activity? JF - American Business Law Journal Y1 - 2020 A1 - Scott,Inara KW - Business Law AB - Organizations 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. VL - 57 CP - 3 U2 - a U4 - 202780934144 ID - 202780934144 ER - TY - CONF T1 - American Consumers' Understandings of the Right to Consume Firearms T2 - Consumer Culture Theory Consortium Y1 - 2019 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing JA - Consumer Culture Theory Consortium U2 - b U4 - 184199366656 ID - 184199366656 ER - TY - HEAR T1 - American Consumers' Understandings of the Right to Consume Firearms Y1 - 2019 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing JA - Consumer Culture Theory 2019 CY - Montreal, Canada U2 - c U4 - 195034695680 ID - 195034695680 ER - TY - JOUR T1 - Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace JF - American Business Law Journal Y1 - 2019 A1 - Scott,Inara A1 - Brown,Elizabeth KW - Business Law VL - 56 CP - 1 U2 - a U4 - 162735876096 ID - 162735876096 ER - TY - JOUR T1 - Environmental Law. Disrupted. JF - Environmental Law Reporter Y1 - 2019 A1 - Scott,Inara A1 - Takacs,David KW - Business Law AB - The 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. CY - Washington, D.C. VL - 49 UR - https://elr.info/news-analysis/49/10038/environmental-law-disrupted CP - 1 U2 - a U4 - 202780846080 ID - 202780846080 ER - TY - CONF T1 - Relating American's Responses to the Marketization of Armed Self-Defense to their Understandings of the Second Amendment T2 - Association for Consumer Research Y1 - 2019 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing JA - Association for Consumer Research U2 - b U4 - 202633697280 ID - 202633697280 ER - TY - CHAP T1 - Environmental Policy Y1 - 2018 A1 - Scott,Inara KW - Business Law CY - New York, NY U2 - d U4 - 162716850176 ID - 162716850176 ER - TY - JOUR T1 - Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening JF - American Business Law Journal Y1 - 2018 A1 - Berger-Walliser,Gerlinde A1 - Scott,Inara KW - Business Law AB - Through 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. VL - 55 CP - 1 U2 - a U4 - 142441308160 ID - 142441308160 ER - TY - JOUR T1 - Sanctuary Corporations: Time for Liberal Corporations to Get Religion? JF - Journal of Constitutional Law Y1 - 2018 A1 - Scott,Inara A1 - Brown,Elizabeth KW - Business Law AB - Spurred 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. CY - Philadelphia, PA VL - 20 CP - 5 U2 - a U4 - 146610112512 ID - 146610112512 ER - TY - JOUR T1 - Utilizing Energy and Environmental Law: Focus on Innovation, Creativity, and Economics JF - Oil and Gas, Natural Resources, and Energy Journal Y1 - 2018 A1 - Scott,Inara KW - Business Law VL - 4 CP - 4 U2 - a U4 - 172782620672 ID - 172782620672 ER - TY - HEAR T1 - When Values Collide: The Complex Interaction of Free Expression, RFRA, and the Fourteenth Amendment in the Workplace Y1 - 2018 A1 - Scott,Inara KW - Business Law JA - Annual Meeting CY - Monterey, CA U2 - c U4 - 162705938432 ID - 162705938432 ER - TY - JOUR T1 - Beyond Budgeting: Distinguishing Modes of Adaptive Performance Management JF - Advances in Management Accounting Y1 - 2017 A1 - O'Grady,Winnie A1 - Akroyd,Chris A1 - Scott,Inara KW - Accounting KW - Business Law VL - 29 UR - http://www.emeraldinsight.com/doi/abs/10.1108/S1474-787120170000029003 U2 - a U4 - 142438836224 ID - 142438836224 ER - TY - HEAR T1 - Clean Power Plan Y1 - 2017 A1 - Scott,Inara KW - Business Law JA - Public Interest Environmental Law Conference CY - Eugene, OR U2 - c U4 - 147535599616 ID - 147535599616 ER - TY - HEAR T1 - Corporate Social Responsibility in an Era of Legalization: An International Perspective Y1 - 2017 A1 - Scott,Inara KW - Business Law JA - PSWALSB Annual Conference CY - Palm Springs, CA U2 - c U4 - 142441338880 ID - 142441338880 ER - TY - JOUR T1 - Energy Policy: No Place for Zero-Sum Thinking JF - Environmental Law Reporter Y1 - 2017 A1 - Scott,Inara A1 - Baker,Shalanda A1 - Craig,Robin Kundis A1 - Dernbach,John A1 - Hirokawa,Keith A1 - Krakoff,Sarah A1 - Owley,Jessica A1 - Powers,Melissa A1 - Roesler,Shannon A1 - Rosenbloom,Jonathan A1 - Ruhl,JB A1 - Salzman,Jim A1 - Takacs,David KW - Business Law AB - Environmental 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. VL - 47 UR - https://elr.info/news-analysis/47/10328/beyond-zero-sum-environmentalism CP - 4 U2 - a U4 - 142464768000 ID - 142464768000 ER - TY - CHAP T1 - Energy Policy: No Place for Zero-Sum Thinking Y1 - 2017 A1 - Scott,Inara KW - Business Law CY - Washington DC U2 - d U4 - 162716819456 ID - 162716819456 ER - TY - HEAR T1 - Implicit Bias and Higher Education Y1 - 2017 A1 - Scott,Inara KW - Business Law CY - Corvallis, OR U2 - c U4 - 146610575360 ID - 146610575360 ER - TY - HEAR T1 - Law, Management, and Strategy: Collapsing Boundaries and Managing the Interstices Y1 - 2017 A1 - Scott,Inara A1 - Sulkowski,Adam A1 - Bagley,Constance A1 - Nelson,J.S. A1 - Shrivastava,Paul A1 - Waddock,Sandra KW - Business Law JA - Annual Meeting CY - Atlanta, GA U2 - c U4 - 162705645568 ID - 162705645568 ER - TY - HEAR T1 - Legislation and Response: Understanding the Role of the Individual in Implementing Social Change Legislation at Work Y1 - 2017 A1 - Scott,Inara KW - Business Law JA - SIM/ONE/PNP Junior Faculty Consortium CY - Atlanta, GA U2 - c U4 - 162705831936 ID - 162705831936 ER - TY - CHAP T1 - Off Grid Solar and the Global Compact Y1 - 2017 A1 - Scott,Inara KW - Business Law AB - In 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. CY - Sheffield U2 - d U4 - 125714759680 ID - 125714759680 ER - TY - JOUR T1 - Redefining and Regulating the New Sharing Economy JF - University of Pennsylvania Journal of Business Law Y1 - 2017 A1 - Scott,Inara A1 - Brown,Elizabeth KW - Business Law AB - While 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. VL - 19 UR - https://www.law.upenn.edu/journals/jbl/ U2 - a U4 - 127009667072 ID - 127009667072 ER - TY - HEAR T1 - Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening Y1 - 2017 A1 - Scott,Inara A1 - Berger-Walliser,Gerlinde KW - Business Law JA - Annual Conference CY - Savannah, GA U2 - c U4 - 162705000448 ID - 162705000448 ER - TY - HEAR T1 - Redesigning Corporate Social Responsibility in an Era of Legalization Y1 - 2017 A1 - Scott,Inara A1 - Berger-Walliser,Gerlinde KW - Business Law JA - PNWALSB-CALSB Joint Meeting CY - Vancouver, BC U2 - c U4 - 146610520064 ID - 146610520064 ER - TY - HEAR T1 - An adaptive management model: A beyond budgeting informed approach Y1 - 2016 A1 - Akroyd,Chris A1 - O'Grady,Winnie A1 - Scott,Inara KW - Accounting KW - Business Law JA - Monash Forum on Management Accounting CY - Melbourne, Australia U2 - c U4 - 144482199552 ID - 144482199552 ER - TY - JOUR T1 - Antitrust and Socially Responsible Collaboration: A Chilling Combination? JF - American Business Law Journal Y1 - 2016 A1 - Scott,Inara KW - Business Law AB - Businesses 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. CY - Malden, MA VL - 53 UR - http://onlinelibrary.wiley.com/doi/10.1111/ablj.12073/abstract CP - 1 U2 - a U4 - 106250686464 ID - 106250686464 ER - TY - HEAR T1 - Beyond budgeting and management change: Responding flexibly to environmental turbulence Y1 - 2016 A1 - Akroyd,Chris A1 - O'Grady,Winnie A1 - Scott,Inara KW - Accounting KW - Business Law JA - Advances in Management Accounting World Conference on Management Accounting Research CY - Monterey, California U2 - c U4 - 144482015232 ID - 144482015232 ER - TY - JOUR T1 - A business model for success: Enterprises serving the base of the pyramid with off-grid solar lighting JF - Renewable & Sustainable Energy Reviews Y1 - 2016 A1 - Scott,Inara KW - Business Law AB - Basic 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. VL - 70 UR - http://www.sciencedirect.com/science/article/pii/S1364032116309315 U2 - a U4 - 137220786176 ID - 137220786176 ER - TY - JOUR T1 - Incentive Regulation, New Business Models, and the Transformation of the Electric Power Industry JF - Michigan Journal of Environmental and Administrative Law Y1 - 2016 A1 - Scott,Inara KW - Business Law AB - The 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. CY - Ann Arbor, MI VL - 5 UR - http://www.mjeal-online.org/ CP - 2 U2 - a U4 - 125706178560 ID - 125706178560 ER - TY - CHAP T1 - Promise and Peril: National Security and Climate Change Y1 - 2016 A1 - Scott,Inara KW - Business Law AB - In 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. CY - Washington, DC U2 - d U4 - 105367379968 ID - 105367379968 ER - TY - HEAR T1 - Toward a Taxonomy of Sharing: Categorizing, Assessing, and Regulating Distinct Aspects of the Sharing Economy Y1 - 2016 A1 - Scott,Inara KW - Business Law JA - Huber Hurst Research Seminar CY - San Francisco, CA U2 - c U4 - 125706555392 ID - 125706555392 ER - TY - HEAR T1 - Antitrust and Socially Responsible Collaboration: A Chilling Combination? Y1 - 2015 A1 - Scott,Inara KW - Business Law JA - 2015 ALSB Annual Conference CY - Philadelphia U2 - c U4 - 125714184192 ID - 125714184192 ER - TY - JOUR T1 - Applying Stakeholder Theory to Utility Regulation JF - Ecology Law Currents Y1 - 2015 A1 - Scott,Inara KW - Business Law AB - Many 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. CY - Berkeley, CA VL - 42 UR - http://elq.typepad.com/currents/2015/01/applying-stakeholder-theory-to-utility-regulation.html U2 - a U4 - 98763167744 ID - 98763167744 ER - TY - HEAR T1 - Incentive Regulation, Business Models, and the Transformation of the Electric Power Industry Y1 - 2015 A1 - Scott,Inara KW - Business Law JA - Colloquium on Environmental Scholarship CY - South Royalton, VT U2 - c U4 - 125706637312 ID - 125706637312 ER - TY - JOUR T1 - Planning for the Future of the Electric Power Sector through Regional Collaboratives JF - The Electricity Journal Y1 - 2015 A1 - Scott,Inara A1 - Bernell,David KW - Business Law AB - As 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. VL - 28 UR - http://www.sciencedirect.com/science/journal/10406190 CP - 1 U2 - a U4 - 103916025856 ID - 103916025856 ER - TY - JOUR T1 - A Response to the IPCC Fifth Assessment JF - Environmental Law Reporter Y1 - 2015 A1 - Adams-Schoen,Sarah J A1 - Badrinarayana,Deepa A1 - Carlarne,Cinnamon A1 - Craig,Robin Kundis A1 - Dernbach,John C. A1 - Hirokawa,Keith H. A1 - Klass,Alexandra B. A1 - Kuh,Katrina Fischer A1 - Miller,Stephen R. A1 - Owley,Jessica A1 - Roesler,Shannon A1 - Rosenbloom,Jonathan A1 - Scott,Inara A1 - Takacs,David KW - Business Law AB - In this article, the authors respond to various sections of the Intergovernmental Panel on Climate Change's Fifth Assessment. CY - Washington, DC VL - 45 UR - elr.info CP - 1-2015 U2 - a U4 - 98771642368 ID - 98771642368 ER - TY - HEAR T1 - Social enterprise and local entrepreneurship: bringing energy to developing nations Y1 - 2015 A1 - Scott,Inara KW - Business Law JA - University of Connecticut Social Enterprise Conference CY - Storrs, CT U2 - c U4 - 104793899008 ID - 104793899008 ER - TY - HEAR T1 - Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity Y1 - 2014 A1 - Scott,Inara KW - Business Law JA - 2014 WALSB Annual Conference CY - Monteray, CA U2 - c U4 - 87665408000 ID - 87665408000 ER - TY - HEAR T1 - Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity Y1 - 2014 A1 - Scott,Inara KW - Business Law JA - 2014 ALSB Annual Conference CY - Seattle, WA U2 - c U4 - 95014002688 ID - 95014002688 ER - TY - JOUR T1 - Keeping the Lights On: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity JF - Energy Law Journal Y1 - 2014 A1 - Scott,Inara KW - Business Law AB - Strikes 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. CY - Tulsa, OK VL - 35 CP - 2 U2 - a U4 - 98762936320 ID - 98762936320 ER - TY - HEAR T1 - Mandatory Adoption of Stakeholder Review Processes To Improve Sustainability and Certainty of Utility Resource Acquisition Y1 - 2014 A1 - Scott,Inara KW - Business Law JA - Cascadia Business and Sustainability Colloquium CY - Portland, OR U2 - c U4 - 95011606528 ID - 95011606528 ER - TY - HEAR T1 - Mandatory Adoption of Stakeholder Review Processes to Improve Sustainability and Responsiveness of Utility Governance Y1 - 2014 A1 - Scott,Inara KW - Business Law JA - 2014 ALSB Annual Conference CY - Seattle, WA U2 - c U4 - 95011624960 ID - 95011624960 ER - TY - JOUR T1 - Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Climate Challenges JF - Harvard Environmental Law Review Y1 - 2014 A1 - Scott,Inara KW - Business Law AB - Climate 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. CY - Boston, MA VL - 38 CP - 2 U2 - a U4 - 86250727424 ID - 86250727424 ER - TY - HEAR T1 - Creating A 21st Century Public Utility Commission Y1 - 2013 A1 - Scott,Inara KW - Business Law JA - 2013 Annual WALSB Conference CY - Monterey, CA U2 - c U4 - 69570297856 ID - 69570297856 ER - TY - CONF T1 - Creating a Twenty-First Century Public Utility Commission T2 - 2013 Western Academy of Legal Studies in Business Conference Proceedings Y1 - 2013 A1 - Scott,Inara KW - Business Law AB - Climate 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. JA - 2013 Western Academy of Legal Studies in Business Conference Proceedings CY - Fresno, CA VL - n/a UR - http://www.alsb.roundtablelive.org/Resources/Documents/2012-WALSB-Conference%20Registration%20Form.pdf CP - n/a U2 - b U4 - 69570177024 ID - 69570177024 ER - TY - JOUR T1 - "Dancing Backward in High Heels": Examining and Addressing the Disparate Treatment of Energy Efficiency and Renewable Resources JF - Environmental Law Y1 - 2013 A1 - Scott,Inara KW - Business Law AB - Both 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. CY - Lewis and Clark Law School, Portland, OR VL - 42 UR - http://law.lclark.edu/law_reviews/environmental_law/ CP - 2 U2 - a U4 - 69570013184 ID - 69570013184 ER - TY - HEAR T1 - “Dancing Backward in High Heels": Examining and Addressing the Disparate Regulatory Treatment of Energy Efficiency and Renewable Resources Y1 - 2013 A1 - Scott,Inara KW - Business Law JA - 2013 Annual PSALSB Conference CY - Palm Springs, CA U2 - c U4 - 69570260992 ID - 69570260992 ER - TY - HEAR T1 - Teaching an Old Dog New Tricks: Creating a Twenty-First Century Public Utility Commission Y1 - 2013 A1 - Scott,Inara KW - Business Law JA - 2013 Annual Meeting CY - Boston U2 - c U4 - 77680885760 ID - 77680885760 ER - TY - ABST T1 - Requests for Production: Inspections; Physical and Mental Examinations Y1 - 2004 A1 - Scott,Inara A1 - Sandmire,Michael "Sam" KW - Business Law U2 - d U4 - 55550474240 ID - 55550474240 ER - TY - ABST T1 - Defining ‘Employee’: Supreme Court Resolves Question in Clackamas v. Wells Y1 - 2003 A1 - Scott,Inara KW - Business Law VL - 32 CP - 1 U2 - d U4 - 55551229952 ID - 55551229952 ER - TY - ABST T1 - Section of Environment, Energy and Resources Y1 - 2003 A1 - Scott,Inara KW - Business Law U2 - d U4 - 55551350784 ID - 55551350784 ER - TY - MGZN T1 - Got Mold? An Introduction to Mold Litigation Y1 - 2002 A1 - Scott,Inara KW - Business Law U2 - d U4 - 55551010816 ID - 55551010816 ER - TY - ABST T1 - A Window for Change: Conflicting Ideologies and Legal Reforms in Late Nineteenth-Century 91 Y1 - 2001 A1 - Scott,Inara KW - Business Law U2 - d U4 - 55550980096 ID - 55550980096 ER - TY - ABST T1 - The Inter-American System of Human Rights: An Effective Means of Environmental Protection? Y1 - 2000 A1 - Scott,Inara KW - Business Law U2 - d U4 - 55550951424 ID - 55550951424 ER - TY - JOUR T1 - Morality Appraisals in Consumer Responsibilization JF - Journal of Consumer Research Y1 - 0 A1 - Barnhart,Michelle A1 - Huff,Aimee A1 - Scott,Inara KW - Business Law KW - Marketing AB - Abstract: 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.

U2 - a U4 - 209628018688 ID - 209628018688 ER - TY - JOUR T1 - Watered Down Voices, Watered Down Justice: A Demand for Polycentricism, Demosprudence, and Praxis in WOTUS Regulatory Reform JF - Georgetown Environmental Law Review Y1 - 0 A1 - McCrory,Martin A1 - Scott,Inara A1 - Raymond,Angie A1 - Levy,Paul KW - Business Law AB - For 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. VL - 34 CP - 3 U2 - a U4 - 229696262144 ID - 229696262144 ER -