%0 Generic %D 2023 %T Morality Appraisals in Consumer Responsibilization %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %B University of Connecticut Marketing Speaker Series %C Storrs, Connecticut %8 2023 %G eng %2 c %4 261451874304 %$ 261451874304 %0 Book Section %D 2023 %T Resilient Teaching in an Era of Disruption %A Scott,Inara %K Business Law %C Sterling, VA %8 2023 %G eng %2 d %4 253081712640 %$ 253081712640 %0 Generic %D 2022 %T The Changing Faces of Business Law and Sustainability %A Cahoy,Dan %A Park ,Stephen Kim %A Scott,Inara %K Business Law %V 59 %P 613-620 %8 2022 %G eng %U https://onlinelibrary.wiley.com/doi/10.1111/ablj.12213 %N 4 %2 d %4 253080428544 %$ 253080428544 %0 Conference Paper %B Association for Consumer Research 2022 Conference %D 2022 %T The (Ir)Responsible American Consumer: Examining Morality and Responsibilization for Armed Self-Defense %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %B Association for Consumer Research 2022 Conference %8 2022 %G eng %2 b %4 233661792256 %$ 233661792256 %0 Journal Article %J American Business Law Journal %D 2022 %T Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education %A Scott,Inara %A Brown,Elizabeth %A Yordy,Eric %K Business Law %X 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. %B American Business Law Journal %8 2022 %G eng %2 a %4 229696382976 %$ 229696382976 %0 Magazine Article %D 2021 %T As in-person classes resume, colleges shouldn't lose steam on faculty training %A Scott,Inara %K Business Law %X Professional development in pedagogy should be required when instructors enter the institution and at intervals after that, one dean of teaching and learning explains. %8 2021 %G eng %U https://www.highereddive.com/news/as-in-person-classes-resume-colleges-shouldnt-lose-steam-on-faculty-train/598129/ %2 d %4 229696876544 %$ 229696876544 %0 Journal Article %J College Teaching %D 2021 %T Learning to "Think Like a Lawyer": Developing a Metacognitive Model for Legal Reasoning %A Scott,Inara %K Business Law %X 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. %B College Teaching %V 69 %P 34-42 %8 2021 %G eng %N 1 %2 a %4 189575155712 %$ 189575155712 %0 Journal Article %J Berkeley Business Law Journal %D 2020 %T R Corps: When Should Corporate Values Receive Religious Protection %A Scott,Inara %A Brown,Elizabeth %A Yordy,Eric %K Business Law %X 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? %B Berkeley Business Law Journal %V 17 %P 91-133 %8 2020 %G eng %N 1 %2 a %4 184533557248 %$ 184533557248 %0 Journal Article %J American Business Law Journal %D 2020 %T The Trouble with Boycotts: Are Fossil Fuel Divest Campaigns Unlawful Concerted Activity? %A Scott,Inara %K Business Law %X 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. %B American Business Law Journal %V 57 %P 5377591 %8 2020 %G eng %N 3 %2 a %4 202780934144 %$ 202780934144 %0 Generic %D 2019 %T American Consumers' Understandings of the Right to Consume Firearms %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %B Consumer Culture Theory 2019 %C Montreal, Canada %8 2019 %G eng %2 c %4 195034695680 %$ 195034695680 %0 Conference Paper %B Consumer Culture Theory Consortium %D 2019 %T American Consumers' Understandings of the Right to Consume Firearms %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %B Consumer Culture Theory Consortium %8 2019 %G eng %2 b %4 184199366656 %$ 184199366656 %0 Journal Article %J American Business Law Journal %D 2019 %T Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace %A Scott,Inara %A Brown,Elizabeth %K Business Law %B American Business Law Journal %V 56 %P 55-113 %8 2019 %G eng %N 1 %2 a %4 162735876096 %$ 162735876096 %0 Journal Article %J Environmental Law Reporter %D 2019 %T Environmental Law. Disrupted. %A Scott,Inara %A Takacs,David %K Business Law %X 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. %B Environmental Law Reporter %C Washington, D.C. %V 49 %P 10038-10063 %8 2019 %G eng %U https://elr.info/news-analysis/49/10038/environmental-law-disrupted %N 1 %2 a %4 202780846080 %$ 202780846080 %0 Conference Paper %B Association for Consumer Research %D 2019 %T Relating American's Responses to the Marketization of Armed Self-Defense to their Understandings of the Second Amendment %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %B Association for Consumer Research %8 2019 %G eng %2 b %4 202633697280 %$ 202633697280 %0 Book Section %D 2018 %T Environmental Policy %A Scott,Inara %K Business Law %C New York, NY %8 2018 %G eng %2 d %4 162716850176 %$ 162716850176 %0 Journal Article %J American Business Law Journal %D 2018 %T Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening %A Berger-Walliser,Gerlinde %A Scott,Inara %K Business Law %X 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. %B American Business Law Journal %V 55 %P 167-218 %8 2018 %G eng %N 1 %2 a %4 142441308160 %$ 142441308160 %0 Journal Article %J Journal of Constitutional Law %D 2018 %T Sanctuary Corporations: Time for Liberal Corporations to Get Religion? %A Scott,Inara %A Brown,Elizabeth %K Business Law %X 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. %B Journal of Constitutional Law %C Philadelphia, PA %V 20 %P 1102-1144 %8 2018 %G eng %N 5 %2 a %4 146610112512 %$ 146610112512 %0 Journal Article %J Oil and Gas, Natural Resources, and Energy Journal %D 2018 %T Utilizing Energy and Environmental Law: Focus on Innovation, Creativity, and Economics %A Scott,Inara %K Business Law %B Oil and Gas, Natural Resources, and Energy Journal %V 4 %P 557-564 %8 2018 %G eng %N 4 %2 a %4 172782620672 %$ 172782620672 %0 Generic %D 2018 %T When Values Collide: The Complex Interaction of Free Expression, RFRA, and the Fourteenth Amendment in the Workplace %A Scott,Inara %K Business Law %B Annual Meeting %C Monterey, CA %8 2018 %G eng %2 c %4 162705938432 %$ 162705938432 %0 Journal Article %J Advances in Management Accounting %D 2017 %T Beyond Budgeting: Distinguishing Modes of Adaptive Performance Management %A O'Grady,Winnie %A Akroyd,Chris %A Scott,Inara %K Accounting %K Business Law %B Advances in Management Accounting %V 29 %P 33-53 %8 2017 %G eng %U http://www.emeraldinsight.com/doi/abs/10.1108/S1474-787120170000029003 %2 a %4 142438836224 %$ 142438836224 %0 Generic %D 2017 %T Clean Power Plan %A Scott,Inara %K Business Law %B Public Interest Environmental Law Conference %C Eugene, OR %8 2017 %G eng %2 c %4 147535599616 %$ 147535599616 %0 Generic %D 2017 %T Corporate Social Responsibility in an Era of Legalization: An International Perspective %A Scott,Inara %K Business Law %B PSWALSB Annual Conference %C Palm Springs, CA %8 2017 %G eng %2 c %4 142441338880 %$ 142441338880 %0 Journal Article %J Environmental Law Reporter %D 2017 %T Energy Policy: No Place for Zero-Sum Thinking %A Scott,Inara %A Baker,Shalanda %A Craig,Robin Kundis %A Dernbach,John %A Hirokawa,Keith %A Krakoff,Sarah %A Owley,Jessica %A Powers,Melissa %A Roesler,Shannon %A Rosenbloom,Jonathan %A Ruhl,JB %A Salzman,Jim %A Takacs,David %K Business Law %X 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. %B Environmental Law Reporter %V 47 %P 10328-10351 %8 2017 %G eng %U https://elr.info/news-analysis/47/10328/beyond-zero-sum-environmentalism %N 4 %2 a %4 142464768000 %$ 142464768000 %0 Book Section %D 2017 %T Energy Policy: No Place for Zero-Sum Thinking %A Scott,Inara %K Business Law %C Washington DC %8 2017 %G eng %2 d %4 162716819456 %$ 162716819456 %0 Generic %D 2017 %T Implicit Bias and Higher Education %A Scott,Inara %K Business Law %C Corvallis, OR %8 2017 %G eng %2 c %4 146610575360 %$ 146610575360 %0 Generic %D 2017 %T Law, Management, and Strategy: Collapsing Boundaries and Managing the Interstices %A Scott,Inara %A Sulkowski,Adam %A Bagley,Constance %A Nelson,J.S. %A Shrivastava,Paul %A Waddock,Sandra %K Business Law %B Annual Meeting %C Atlanta, GA %8 2017 %G eng %2 c %4 162705645568 %$ 162705645568 %0 Generic %D 2017 %T Legislation and Response: Understanding the Role of the Individual in Implementing Social Change Legislation at Work %A Scott,Inara %K Business Law %B SIM/ONE/PNP Junior Faculty Consortium %C Atlanta, GA %8 2017 %G eng %2 c %4 162705831936 %$ 162705831936 %0 Book Section %D 2017 %T Off Grid Solar and the Global Compact %A Scott,Inara %K Business Law %X 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. %C Sheffield %8 2017 %G eng %2 d %4 125714759680 %$ 125714759680 %0 Journal Article %J University of Pennsylvania Journal of Business Law %D 2017 %T Redefining and Regulating the New Sharing Economy %A Scott,Inara %A Brown,Elizabeth %K Business Law %X 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. %B University of Pennsylvania Journal of Business Law %V 19 %P 553-751 %8 2017 %G eng %U https://www.law.upenn.edu/journals/jbl/ %2 a %4 127009667072 %$ 127009667072 %0 Generic %D 2017 %T Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening %A Scott,Inara %A Berger-Walliser,Gerlinde %K Business Law %B Annual Conference %C Savannah, GA %8 2017 %G eng %2 c %4 162705000448 %$ 162705000448 %0 Generic %D 2017 %T Redesigning Corporate Social Responsibility in an Era of Legalization %A Scott,Inara %A Berger-Walliser,Gerlinde %K Business Law %B PNWALSB-CALSB Joint Meeting %C Vancouver, BC %8 2017 %G eng %2 c %4 146610520064 %$ 146610520064 %0 Generic %D 2016 %T An adaptive management model: A beyond budgeting informed approach %A Akroyd,Chris %A O'Grady,Winnie %A Scott,Inara %K Accounting %K Business Law %B Monash Forum on Management Accounting %C Melbourne, Australia %8 2016 %G eng %2 c %4 144482199552 %$ 144482199552 %0 Journal Article %J American Business Law Journal %D 2016 %T Antitrust and Socially Responsible Collaboration: A Chilling Combination? %A Scott,Inara %K Business Law %X 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. %B American Business Law Journal %C Malden, MA %V 53 %P 97-144 %8 2016 %G eng %U http://onlinelibrary.wiley.com/doi/10.1111/ablj.12073/abstract %N 1 %2 a %4 106250686464 %$ 106250686464 %0 Generic %D 2016 %T Beyond budgeting and management change: Responding flexibly to environmental turbulence %A Akroyd,Chris %A O'Grady,Winnie %A Scott,Inara %K Accounting %K Business Law %B Advances in Management Accounting World Conference on Management Accounting Research %C Monterey, California %8 2016 %G eng %2 c %4 144482015232 %$ 144482015232 %0 Journal Article %J Renewable & Sustainable Energy Reviews %D 2016 %T A business model for success: Enterprises serving the base of the pyramid with off-grid solar lighting %A Scott,Inara %K Business Law %X 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. %B Renewable & Sustainable Energy Reviews %V 70 %P 50-55 %8 2016 %G eng %U http://www.sciencedirect.com/science/article/pii/S1364032116309315 %2 a %4 137220786176 %$ 137220786176 %0 Journal Article %J Michigan Journal of Environmental and Administrative Law %D 2016 %T Incentive Regulation, New Business Models, and the Transformation of the Electric Power Industry %A Scott,Inara %K Business Law %X 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. %B Michigan Journal of Environmental and Administrative Law %C Ann Arbor, MI %V 5 %P 319-370 %8 2016 %G eng %U http://www.mjeal-online.org/ %N 2 %2 a %4 125706178560 %$ 125706178560 %0 Book Section %D 2016 %T Promise and Peril: National Security and Climate Change %A Scott,Inara %K Business Law %X 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. %C Washington, DC %8 2016 %G eng %2 d %4 105367379968 %$ 105367379968 %0 Generic %D 2016 %T Toward a Taxonomy of Sharing: Categorizing, Assessing, and Regulating Distinct Aspects of the Sharing Economy %A Scott,Inara %K Business Law %B Huber Hurst Research Seminar %C San Francisco, CA %8 2016 %G eng %2 c %4 125706555392 %$ 125706555392 %0 Generic %D 2015 %T Antitrust and Socially Responsible Collaboration: A Chilling Combination? %A Scott,Inara %K Business Law %B 2015 ALSB Annual Conference %C Philadelphia %8 2015 %G eng %2 c %4 125714184192 %$ 125714184192 %0 Journal Article %J Ecology Law Currents %D 2015 %T Applying Stakeholder Theory to Utility Regulation %A Scott,Inara %K Business Law %X 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. %B Ecology Law Currents %C Berkeley, CA %V 42 %8 2015 %G eng %U http://elq.typepad.com/currents/2015/01/applying-stakeholder-theory-to-utility-regulation.html %2 a %4 98763167744 %$ 98763167744 %0 Generic %D 2015 %T Incentive Regulation, Business Models, and the Transformation of the Electric Power Industry %A Scott,Inara %K Business Law %B Colloquium on Environmental Scholarship %C South Royalton, VT %8 2015 %G eng %2 c %4 125706637312 %$ 125706637312 %0 Journal Article %J The Electricity Journal %D 2015 %T Planning for the Future of the Electric Power Sector through Regional Collaboratives %A Scott,Inara %A Bernell,David %K Business Law %X 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. %B The Electricity Journal %V 28 %P 11 %8 2015 %G eng %U http://www.sciencedirect.com/science/journal/10406190 %N 1 %2 a %4 103916025856 %$ 103916025856 %0 Journal Article %J Environmental Law Reporter %D 2015 %T A Response to the IPCC Fifth Assessment %A Adams-Schoen,Sarah J %A Badrinarayana,Deepa %A Carlarne,Cinnamon %A Craig,Robin Kundis %A Dernbach,John C. %A Hirokawa,Keith H. %A Klass,Alexandra B. %A Kuh,Katrina Fischer %A Miller,Stephen R. %A Owley,Jessica %A Roesler,Shannon %A Rosenbloom,Jonathan %A Scott,Inara %A Takacs,David %K Business Law %X In this article, the authors respond to various sections of the Intergovernmental Panel on Climate Change's Fifth Assessment. %B Environmental Law Reporter %C Washington, DC %V 45 %P 1002710048 %8 2015 %G eng %U elr.info %N 1-2015 %2 a %4 98771642368 %$ 98771642368 %0 Generic %D 2015 %T Social enterprise and local entrepreneurship: bringing energy to developing nations %A Scott,Inara %K Business Law %B University of Connecticut Social Enterprise Conference %C Storrs, CT %8 2015 %G eng %2 c %4 104793899008 %$ 104793899008 %0 Generic %D 2014 %T Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity %A Scott,Inara %K Business Law %B 2014 WALSB Annual Conference %C Monteray, CA %8 2014 %G eng %2 c %4 87665408000 %$ 87665408000 %0 Generic %D 2014 %T Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity %A Scott,Inara %K Business Law %B 2014 ALSB Annual Conference %C Seattle, WA %8 2014 %G eng %2 c %4 95014002688 %$ 95014002688 %0 Journal Article %J Energy Law Journal %D 2014 %T Keeping the Lights On: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity %A Scott,Inara %K Business Law %X 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. %B Energy Law Journal %C Tulsa, OK %V 35 %P 415-446 %8 2014 %G eng %N 2 %2 a %4 98762936320 %$ 98762936320 %0 Generic %D 2014 %T Mandatory Adoption of Stakeholder Review Processes To Improve Sustainability and Certainty of Utility Resource Acquisition %A Scott,Inara %K Business Law %B Cascadia Business and Sustainability Colloquium %C Portland, OR %8 2014 %G eng %2 c %4 95011606528 %$ 95011606528 %0 Generic %D 2014 %T Mandatory Adoption of Stakeholder Review Processes to Improve Sustainability and Responsiveness of Utility Governance %A Scott,Inara %K Business Law %B 2014 ALSB Annual Conference %C Seattle, WA %8 2014 %G eng %2 c %4 95011624960 %$ 95011624960 %0 Journal Article %J Harvard Environmental Law Review %D 2014 %T Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Climate Challenges %A Scott,Inara %K Business Law %X 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. %B Harvard Environmental Law Review %C Boston, MA %V 38 %8 2014 %G eng %N 2 %2 a %4 86250727424 %$ 86250727424 %0 Generic %D 2013 %T Creating A 21st Century Public Utility Commission %A Scott,Inara %K Business Law %B 2013 Annual WALSB Conference %C Monterey, CA %8 2013 %G eng %2 c %4 69570297856 %$ 69570297856 %0 Conference Paper %B 2013 Western Academy of Legal Studies in Business Conference Proceedings %D 2013 %T Creating a Twenty-First Century Public Utility Commission %A Scott,Inara %K Business Law %X 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. %B 2013 Western Academy of Legal Studies in Business Conference Proceedings %C Fresno, CA %V n/a %8 2013 %G eng %U http://www.alsb.roundtablelive.org/Resources/Documents/2012-WALSB-Conference%20Registration%20Form.pdf %N n/a %2 b %4 69570177024 %$ 69570177024 %0 Journal Article %J Environmental Law %D 2013 %T "Dancing Backward in High Heels": Examining and Addressing the Disparate Treatment of Energy Efficiency and Renewable Resources %A Scott,Inara %K Business Law %X 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. %B Environmental Law %C Lewis and Clark Law School, Portland, OR %V 42 %8 2013 %G eng %U http://law.lclark.edu/law_reviews/environmental_law/ %N 2 %2 a %4 69570013184 %$ 69570013184 %0 Generic %D 2013 %T “Dancing Backward in High Heels": Examining and Addressing the Disparate Regulatory Treatment of Energy Efficiency and Renewable Resources %A Scott,Inara %K Business Law %B 2013 Annual PSALSB Conference %C Palm Springs, CA %8 2013 %G eng %2 c %4 69570260992 %$ 69570260992 %0 Generic %D 2013 %T Teaching an Old Dog New Tricks: Creating a Twenty-First Century Public Utility Commission %A Scott,Inara %K Business Law %B 2013 Annual Meeting %C Boston %8 2013 %G eng %2 c %4 77680885760 %$ 77680885760 %0 Generic %D 2004 %T Requests for Production: Inspections; Physical and Mental Examinations %A Scott,Inara %A Sandmire,Michael "Sam" %K Business Law %8 2004 %G eng %2 d %4 55550474240 %$ 55550474240 %0 Generic %D 2003 %T Defining ‘Employee’: Supreme Court Resolves Question in Clackamas v. Wells %A Scott,Inara %K Business Law %V 32 %P 7 %8 2003 %G eng %N 1 %2 d %4 55551229952 %$ 55551229952 %0 Generic %D 2003 %T Section of Environment, Energy and Resources %A Scott,Inara %K Business Law %8 2003 %G eng %2 d %4 55551350784 %$ 55551350784 %0 Magazine Article %D 2002 %T Got Mold? An Introduction to Mold Litigation %A Scott,Inara %K Business Law %8 2002 %G eng %2 d %4 55551010816 %$ 55551010816 %0 Generic %D 2001 %T A Window for Change: Conflicting Ideologies and Legal Reforms in Late Nineteenth-Century Oregon %A Scott,Inara %K Business Law %8 2001 %G eng %2 d %4 55550980096 %$ 55550980096 %0 Generic %D 2000 %T The Inter-American System of Human Rights: An Effective Means of Environmental Protection? %A Scott,Inara %K Business Law %8 2000 %G eng %2 d %4 55550951424 %$ 55550951424 %0 Journal Article %J Journal of Consumer Research %D 0 %T Morality Appraisals in Consumer Responsibilization %A Barnhart,Michelle %A Huff,Aimee %A Scott,Inara %K Business Law %K Marketing %X 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.

%B Journal of Consumer Research %8 2023 In Press %G eng %2 a %4 209628018688 %$ 209628018688 %0 Journal Article %J Georgetown Environmental Law Review %D 0 %T Watered Down Voices, Watered Down Justice: A Demand for Polycentricism, Demosprudence, and Praxis in WOTUS Regulatory Reform %A McCrory,Martin %A Scott,Inara %A Raymond,Angie %A Levy,Paul %K Business Law %X 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. %B Georgetown Environmental Law Review %V 34 %8 2021 In Press %G eng %N 3 %2 a %4 229696262144 %$ 229696262144