2024-03-29T02:22:33Zhttps://scholarsbank.uoregon.edu/oai/requestoai:scholarsbank.uoregon.edu:1794/104362015-06-18T01:23:12Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T22:41:58Z
urn:hdl:1794/10436
Oregon Law Review : Vol. 88 No. 2, p.491-514 : Race to the Left: A Legislator’s Guide to Greening a Corporate Code
Sneirson, Judd F.
Corporation law
Corporate law
Sustainable business practices
24 p.
This Article proceeds as follows. Part I recounts previous bouts of
interstate competition for corporate charters and notes the “race-tothe-
bottom” and “race-to-the-top” theories that purport to explain
their results. Part I then describes the current movement toward green
or sustainable business practices, notes the compatibility of these
practices with current corporate law, and posits that the trend will
trigger a new race among states to attract corporate charters—not to
the bottom nor to the top but rather “to the left.”2 Part II opens with a
description of Oregon’s recent efforts to make its corporate law more
amenable to green businesses, and then the Article proposes a
comprehensive agenda for greening a state’s corporate code.
2010-06-03T22:41:58Z
2010-06-03T22:41:58Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10436
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104382015-06-18T01:23:10Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T22:52:38Z
urn:hdl:1794/10438
Oregon Law Review : Vol. 88 No. 2, p.547-580 : Civilizing Society: The Need for a Carbon Tax in Light of Recent Changes to U.S. Energy Taxation Policy
Kwak, Daniel E.
American Recovery and Reinvestment Act of 2009
Stimulus Bill
Emergency Economic Stabilization Act of 2008
Carbon taxes -- United States
United States. American Recovery and Reinvestment Act of 2009
United States. Emergency Economic Stabilization Act of 2008
34 p.
This Comment examines the current federal energy tax policy as
amended by the recent legislation. Additionally, by comparing and
contrasting the federal policy with tax policies adopted by other
governments, this Comment both suggests additional reforms in the
current policy and argues for the passage of a carbon tax. Part I of
this Comment provides a background and overview of the history of
energy tax policy in the United States. Part II discusses recent
legislative changes to the current policy. Parts III and IV compare
facets of the energy tax policies adopted by Oregon and countries in
Europe. Finally, Part V suggests changes to the new legislation and
argues for the introduction of a carbon tax to help offset the increased
federal deficit resulting from the new legislation’s high price tag.
2010-06-03T22:52:38Z
2010-06-03T22:52:38Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10438
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104352015-06-18T01:23:13Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T22:36:33Z
urn:hdl:1794/10435
Oregon Law Review : Vol. 88 No. 2, p.405-490 : Recovery of a Lost Decade (or Is It Three?): Developing the Capacity in Government Necessary to Reduce Carbon Emissions and Administer Energy Markets
Mihaly, Marc B.
Energy policy -- United States
Carbon emissions
Cap-and-trade
86 p.
This Article first examines the effort to control carbon
emissions, discussing the governmental efforts that will be necessary
to administer either a carbon tax or cap-and-trade regime.
This Article then examines the need for government regulation in
the electricity sector as a whole, focusing on both the nation’s
experimentation with markets, specifically the wholesale electricity
market, and the move toward restructuring in many states
2010-06-03T22:36:33Z
2010-06-03T22:36:33Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10435
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104332015-06-18T01:23:16Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T21:24:37Z
urn:hdl:1794/10433
Oregon Law Review : Vol. 88 No. 2, p.343-355 : Speech
Floyd, Nancy
Renewable energy sources
Clean technology
12 p.
2010-06-03T21:24:37Z
2010-06-03T21:24:37Z
2009
Other
0196-2043
http://hdl.handle.net/1794/10433
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104392015-06-18T01:23:10Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T22:58:07Z
urn:hdl:1794/10439
Oregon Law Review : Vol. 88 No. 2, p.581-620 : Implementing Corporate Climate Change Responsibility: Possible State Legislative and SEC Responses to Climate Change Through Corporate Law Reform
Torbitt, Alison
Climatic changes -- Law and legislation
Climate change
40 p.
In Part I, this Comment explores a recent corporate perspective
termed climate change responsibility, which examines the connection
between corporations and climate change, and the litigation risks
faced by businesses that choose the responsible alternative. Building
on this baseline, this Comment examines two potential state
legislative methods to allow for climate change disclosure. First, Part
II investigates a strategy of mandatory state corporate law
modification requiring detailed greenhouse gas emissions disclosure
and mitigation that is unlikely to be passed due to a race to the
bottom. Part III then surveys a policy of optional state modification
of authorization and constituency provisions, including a successfully
passed Oregon model, which implements general support for
increased environmental responsibility that, while optional, is more
likely to be enacted. Moving to federal law, Part IV looks at the
drafting and implementation of guidelines detailing both the scope
and form for greenhouse gas emissions disclosures by the SEC to
reinterpret the existing disclosure requirements in light of climate
change responsibility.
2010-06-03T22:58:07Z
2010-06-03T22:58:07Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10439
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104372015-06-18T01:52:11Zcom_1794_3786com_1794_7561com_1794_7550col_1794_10370
2010-06-03T22:46:26Z
urn:hdl:1794/10437
Oregon Law Review : Vol. 88 No. 2, p.515-546 : Read the Fine Print: A Critical Look at Oregon’s Noncompete and Nonsolicitation Agreement Laws
Gould, Erin E.
Noncompete agreements
Nonsolicitation
Competition, Unfair -- Oregon
Covenants not to compete -- Oregon
32 p.
This Comment analyzes the recently enacted noncompete
agreement statute and its potential implications and problems. In this
effort, Parts I and II both explore how Oregon’s statute compares to
other state statutes in restricting noncompete and nonsolicitation
agreements and show how courts have interpreted statutes in Oregon
and in some other states that govern both types of agreements. Part
III attempts to uncover how the Oregon legislature went about
creating this perplexing statute by looking at the legislative history
leading up to the passage of Senate Bill 248. Next, Part IV explores
some potential effects the statute may have on employees and
employers and implications it may have in the courts. Finally, Part V
suggests alternative statutory language that the legislature ought to
consider to avoid some of the potential problems described in this
Comment.
2010-06-03T22:46:26Z
2010-06-03T22:46:26Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10437
en_US
University of Oregon Law School
oai:scholarsbank.uoregon.edu:1794/104342015-06-18T01:23:15Zcom_1794_384com_1794_7551com_1794_7550com_1794_691com_1794_3786com_1794_7561col_1794_385col_1794_18791col_1794_10370
2010-06-03T22:25:02Z
urn:hdl:1794/10434
Oregon Law Review : Vol. 88 No. 2, p. 355-404 : Back to the Future: Recommendations and Predictions for Greener Tax Policy
Mann, Roberta F.
Tax policy
Carbon emissions
50 p.
This Article addresses both direct and indirect connections between
tax policy and carbon emissions. Any discussion of tax policy’s
impact on the environment must begin with a review of how the Code
can be used to encourage behavior. Accordingly, this Article begins
with a brief discussion of tax expenditures. The Article then reviews
tax policy recommendations in the following areas: (1) housing, (2)
transportation, (3) energy and conservation incentives, and (4) carbon
pricing, including carbon sequestration. For each area, I compare past
recommendations to actual changes in tax policy and make
predictions about coming changes to tax policy and how those
changes may affect carbon emissions.
2010-06-03T22:25:02Z
2010-06-03T22:25:02Z
2009
Article
0196-2043
http://hdl.handle.net/1794/10434
en_US
University of Oregon Law School