Social License to Operate: Hydraulic Fracturing-Related Challenges Facing the Oil & Gas Industry

The crossroads of urban development and improved technology allowing oil and gas development in new areas can result in contentious community issues. The debate over one of the improved technologies – i.e., hydraulic fracturing – can be highly emotional. Consequently, industry must address community issues, earning trust and therefore a “social license to operate.” This paper provides fundamental knowledge of the social license to operate concept, validates its application to the oil and gas industry, particularly with respect to shale gas development, discusses the current status of social license in the unconventional development sphere, analyzes current ongoing efforts for shale gas developers to monitor and establish a social license, and identifies potential new methods of encouraging, establishing, and monitoring a social license to operate. The paper also proposes a new institutional framework in which to promote the social license to operate, “The Center for Social License to Operate in the Oil & Gas Industry.”

Don’t Let Me Down: An Autoethnography of an Urban Teacher

Students in urban schools who are negatively impacted need stability and continuity the most. However, at least half of new teachers leave their profession within five years. In order for this situation to change, support is needed for new teachers and encouragement is needed for experienced teachers. The purpose of the study is to offer a first-hand description of factors that affect the profession of teaching and especially teachers who may be wondering how to stay in teaching for more than five years. Veteran teachers gain the opportunity to reflect, validate, and (probably) celebrate their own journey through this profession. This autoethnography uses my experience of a 29-year veteran teacher, who started with an alternative teaching license, to mirror what researchers have identified as key factors for sustainability and how they affected my continued commitment to teaching in urban schools. The following questions framed the study: 1. Why did I choose teaching as a career? 2. What supportive factors contributed to my decision to continue teaching in an urban school rather than leave the profession? 3. What internal and external struggles have I encountered in teaching and what strategies did I use to overcome them? 4. What beliefs and experiences led to my steadfast commitment to teaching in an urban setting? 5. How do I define success as an urban teacher? 6. What are the implications of my story for urban education? This autoethnography involves data collection and in-depth analysis of documents and artifacts that were generated during my teaching career as an urban educator. These documents and artifacts come from both internal and external sources. The study’s implications reach beyond teachers and include two sub-groups: teacher education programs and school administrators. The implication for teachers is the importance of a two-fold support system in order to thrive: first teachers need spiritual support and second they need to surround themselves with likeminded teachers. The implications for teacher education programs include making pre-service teachers aware of the realities of urban settings and provide them with resources, which could help overcome the attrition rate. Additionally, pre-service teachers need to know how to form credible relationships with their students. This study also reveals the important role that school principals play in the success of their teachers. First, principals are responsible for creating a positive school climate that promotes a professional learning community. Second, they need to establish relational trust in their building. Third, they need to nourish their staff both physically and emotionally. Finally, the implications of autoethnography for teachers and researchers are also discussed.

A Fair Day's Wages: Liberty, Legality, and Liability Among Denver's Day Laborers

Day laborers occupy an essential position in Denver’s booming construction industry. Day laborers make up a highly flexible, highly effective workforce able to respond to market changes. For day laborers, informal day-labor gathering points provide increased control over working hours and employee-employer relationships when compared to traditional wage labor. Still, recent legislation and policies around irregular migration has forced large numbers of workers who may have benefited from the stability of full-time regular employment into the informal sector. The day laborers’ flexibility also exposes them to employers constantly inventing ways to deny them the wages and benefits they are owed. Despite changes in Colorado law in attempts to strengthen workers’ recourse against their employers, and despite social and individual tactics day laborers employ to mitigate their vulnerability, systematic structural, symbolic, and everyday violence continue to advantage employers.

Double Reasonableness and the Fourth Amendment

Recently the Supreme Court has placed new limits on both the substance of the Fourth Amendment and the exclusionary that serves as the principal remedy for Fourth Amendment violations. In this Article we briefly summarize these limitations and then argue that the curtailment of the exclusionary rule has the potential to ameliorate substantive Fourth Amendment doctrine. The limited reach of the modern exclusionary rule provides the Court with license to develop an expansive new substantive framework free of the specter of a correspondingly expansive remedial framework. One point on which nearly all jurists and commentators agree is that current Fourth Amendment doctrine is a mess. We argue that the Court’s exclusionary rule cases, while frustrating and ill-conceived if viewed in isolation, provide the Court with an opportunity to revisit problematic Fourth Amendment doctrine that was born under a very different remedial regime. Such an approach would allow the Court to adhere to its current view of the exclusionary rule as a remedy of last resort while creating a Fourth Amendment with teeth. The goal is a Fourth Amendment right that is more substantial and clearly defined, but a remedy that remains limited to egregious violations of clear substantive rules. The time is now to lift the Fourth Amendment fog.