"Providing an informed, reasoned and dispassionate
voice to the global public debate..."
LA Kogan
U.S. Information Quality Act Filing Reveals Patent Assertion Entity Propaganda
Summary: This article supports the recent IQA Request for Correction filed with the White House Office of Science and Technology Policy, which identified how the WH/OSTP-disseminated report containing patent assertion entity ("PAE")/("patent troll") litigation statistics had not been peer reviewed in conformance with IQA and OMB Guideline standards applicable to influential scientific information and, consequently, had suffered numerous data quality lapses. It provides much needed historical context revealing the Obama administration's long-term agenda to curtail PAE activities, and the exercise of patent rights more generally, via employment of regulatory mechanisms within and beyond patent law.
April
2015
March
2015
LA Kogan
Local Sustainability Movement Rides Wave of Evolving Federalism to 'Axe' Private Property Rights
Summary: This article examines Obama administration sustainability initiatives and surveys U.S. Supreme Court federalism jurisprudence in an effort to explain how this White House has exploited the Court's evolving anti-New Deal Federalism to facilitate and accommodate post-modern environmental & social sustainability initiatives at the U.S. state and local levels that attenuate private property rights and subjugate them to putative public interests.
July
2015
A Second Look at EPA Findings
Summary: This article compares the sincerity of the President's reassurances that climate change is an urgent national security risk with the sincerity of EPA's claims that the science underlying its 2009 Clean Air Act Section 202(a) GHG Endangerment Findings was properly peer reviewed in conformance with the Information Quality Act and implementing Office of Management & Budget guidelines.
March
2015
LA Kogan
Spring-Summer
2015
LA Kogan
Kentucky Journal of Equine, Agriculture and Natural Resources Law
Issue Date Publication Article Title Reference
LA Kogan
In the Spirit of July 4th...Montanans Must Seek Independence from CSKT Water Compact
Summary: Recently, many of Montana's
politicians and legislators employed an unsavory 'cram-down' approach to ensure that the Confederated Salish & Kootenai Tribes (CSKT) Water Compact the State, Federal and Tribal Governments entered into was enacted into State law, over the expressed protest of Montana’s citizens. This approach reveals that they, like the current presidential administration, in effect, reject the Enlightenment-era foundations (political, social, economic, scientific, philosophical and legal) of our great nation that have successfully defended our natural rights-based individualism and freedoms, especially private property, for more than 239 years. This article describes a host of actionable procedural and substantive law violations and irregularities surrounding the CSKT Water Compact’s execution by these officials that warrant close public inspection by Congress before it decides to ratify the CSKT Compact pursuant to the Compact Clause of the U.S. Constitution.
LA Kogan
When it Comes to Climate Policies, 'Trust But Verify'
Summary: This article refutes former Secretary of State, George Shultz's Washington Post op-ed arguing that, if former President Reagan were here today, he would insist upon an "insurance policy" on climate change, consisting, in part, of a U.S. brokered climate change treaty, notwithstanding the uncertain science surrounding this subject matter. It argues that if the president's 'Trust but Verify' approach with the Soviets were used, this result would not obtain.
Revitalizing the Information Quality Act as a Procedural Cure for Unsound Regulatory Science: A Greenhouse Gas Rulemaking Case Study
Summary: This working paper describes how federal agency violations of Information Quality Act peer review standards enabled the U.S. government to lower scientific evidentiary thresholds upon which all agencies rely to support their major regulations. As a prime example of this behavior, it discusses the failure of NOAA and EPA to properly validate the climate assessments underlying EPA's highly controversial 2009 Clean Air Act GHG Endangerment Findings. The paper's analysis of the statute and relevant jurisprudence demonstrates that Congress intended for courts to determine IQA reviewability on a case-by-case factual basis.
Washington Legal Foundation Critical Studies Working Paper #191
Feb. 2015
Library Publications 2015