I
intentionally chose some “funner” classes this semester to help ease my
transition from Nebraska to ASU. For sake of time I combined a couple classes
into one topic: Administrative Law-Private Property Rights and Sports
Law-Sports Venue Financing. In an effort to combat “fake news” the first
section will be my attempt at non-biased informative journalism. The second
section will attempt to show overlap between the topic and my class. The third
section will be my personal analysis of the topic. I wont judge you for skimming
over things to get to the Jon’s View section. Please comment on these topics
and any other thoughts you have about my semester of classes.
Admin Law/Private
Property Rights: Standing with Standing Rock
Informative News
The Dakota Access Pipeline is being
built to transfer oil between various drilling sites and oil hubs from North
Dakota to Illinois. In order to run the pipeline, Dakota Access (subsidiary of
Energy Transfer Partners) must obtain easements for the 30 inch pipe which will
run over 1,172 miles. Voluntary Easements are obtained primarily by paying
money to landowners but often accompanied with the threat of eminent domain
action. Dakota Access obtained the majority of these easements from private
landowners and has subsequently installed the majority of its pipe. An easement
to run the pipeline under the Missouri River at a section which is owned by the
federal government (US Army Corp of Engineers (CoE)) has not been granted. As
early as January 2016 it had been decided by the CoE that an Environmental
Impact Statement (EIS) would not be required before the easement could be
granted. Since that time however there have been requests from the Department
of Interior (DOI) and the Environmental Protection Agency (EPA) to have an EIS conducted.
The EIS can take around 2 months to complete and requires the development
company to provide planning alternatives, pay for environmental scientists to
conduct research, and gather public input. Resistance to the project, largely led
by the Standing Rock Sioux Tribe, has become highly politicized. The Standing
Rock Reservation is less than a mile from the proposed pipeline easement and
Tribal members are concerned over the impacts which would occur to the water
system if a pipeline leak were to occur.
Class Application
Administrative agencies involved in
the debate include the Department of Defense (CoE being an agency within DOD), DOI,
and EPA. Principal Officer leadership of each of these agencies is chosen by
the President with the advice and consent of the Senate. The President has free
removal power over Executive Agencies such as DOI and CoE so theoretically he
exercises some political control over these agencies. The EPA technically is an
independent agency which is more insulated from political influence. The CoE
also has some insulation because it is largely left to oversight by a civilian
board. The CoE is following regulation previously made regarding EIS but it is
not clear why they have diverted from their earlier decision not to require EIS
on the Missouri River easement. After the EIS is completed the CoE still has
freedom in how it interprets and applies principles of the EIS.
Jon’s View
I admire Standing Rock for fighting
for its belief in the sacredness of water. I believe Standing Rock rightfully
should be concerned about the potential for oil spills. I admire the protesters
for sacrificing quality of life to fight for their beliefs. I believe there are
rebel rousers among the protesters (not limited to Jill Stein vandalizing
equipment) but as a whole it is a peaceful demonstration. I believe in the
validity of the Indian Nations being sovereign and demanding respect from entrepreneurs
and governments alike. Additionally, I believe that Dakota Access has followed
the rules in obtaining its voluntary easements. I believe that pipelines are
safer to use than truck or train transport, I believe it is cheaper to move oil
via pipeline which is good for businesses and the economy as a whole, I believe
the free market and innovation will lead to environmental change, and I believe
oil use is necessary and that alternatives to oil energy will not be viable for
years to come. I’d say I have a foot in both camps.
Sports Law/Sports Venue Financing: Public Taxes Being Used for Stadium Construction
Informative
News
The Oakland Raiders are likely
moving from Oakland to Las Vegas after the Nevada legislature approved increasing
taxes placed on hotels in the Las Vegas area (Clark County) and diverting $750
million of these public monies to fund a $2 billion football stadium. The
funding difference will be met by private investment primarily from Raiders
ownership. The development will include an entertainment district and also will
be used by UNLV.
Class
Application
In accordance with league rules, NFL
Owners will vote on whether to approve the move. Ironically, former Raiders
owner Al Davis (current owner Mark Davis’ father) had sued the NFL under
anti-trust laws when the NFL sought to prevent his team from moving from
Oakland to LA. The NFL had prevented that move because of a league rule
restricting teams from playing within 75 miles of each other. The provision as
applied in this case was determined to be an unreasonable restraint on trade
and the Raiders were allowed to move to LA. Likely no anti-trust issues will
stem from the Las Vegas move. Stadiums almost always are determined to serve a public purpose and thus be valid beneficiaries of public funds.
Jon’s View
Professional sports are expanding in
popularity and influence in our society. However, the importance of water
cooler sports talk is not enough to justify public funding of private
enterprise. Professional sports team owners make millions of dollars when the
public funds new stadiums because it jumps their team valuation exponentially.
The jobs created when a new stadium is built are primarily short term
construction jobs or low paying venue operation jobs. The tax impact as a
result of new stadiums is negligible because substitution is high (people go to
a football game instead of shopping or to the movies).
Family Law: Mormon
Faith Crisis and Marriage
Informative
News
In October 2016, nearly 8 hours of
footage showing presentations of subject matter experts to the Latter-Day Saint
Quorum of the Twelve of Apostles between 2007-2012 were leaked onto YouTube. The
videos revealed the broad interests which LDS leadership considers ranging from
naval piracy in Africa to the real estate markets of the USA. One of the videos
focused on data revealing an increasing amount of young single adults not going
to church and the threat this poses to the growth of a multi-generational
church. The study showed declining church activity, marriage rates and
fertility rates among members in their 20s. Wilkins said the study shows young
single members don’t feel welcome or needed in their congregations. The average
age for marriage inside and outside the LDS temple is increasing. Young single
adults delaying marriage in an era of high immorality and pornography puts them
at risk, the subject matter experts said. Elder Dale G. Renlund (then an area
Seventy) gave specific recommendations from the Priesthood Department of the
LDS Church on how to engage young single adults more directly in mainstream
church work including adjusting some organizations, allowing stakes to be
flexible in ministering to young single adults in their areas and merging young
single adult and single wards.
Class
Application
Here are some possible considerations
for individuals who leave mainstream Mormonism because they want to have sex
and not feel guilty about it: Unmarried cohabitation leads to several legal
issues. Cohabitation agreements are not common and when separation occurs this
leads to housing and property issues. A marital agreement has advantages in
enforcing legal and equitable obligations but other instruments exist to
protect yourself in the event of separation. Common and separate property is
harder to gauge when written documents are not involved. Delayed marriage often
means that partners both attain education and vocational skills but when kids
come along often pursuit of these skills is restricted by one party more than
the other. Child support and alimony are tools which courts use to satisfy this
dilemma should divorce occur.
Jon’s View
People
should be Mormon, people should get and stay married, people should have as
many kids as their mental, emotional, and physical resources can provide. As far
as the Mormon faith crisis which I do see occurring: Mormons need to trust
their leadership, additionally Mormons need to develop their own opinions even
if it conflicts with Mormon culture, Mormons need to care less about not drinking
alcohol and more about being guided by the Holy Ghost when interacting with
others (If you promise to care less about Brigham’s wives then I promise to
care less about you drinking Polygamy Porter). And people just need to chill a
little. Have some patience, life is long and it has ups and downs. Be the
change you want in your world. Don’t throw the baby out with the bathwater. Be
sincere about covenants and if you make them, exercise some grit in keeping
them.
Love
to all. Thanks for reading.
