| Author | Title | Citation | Summary | Year |
| Carina Dietmayer |
"FLEEING THE CLIMATE: THE NEED FOR PROTECTION OF CLIMATE REFUGEES IN THE LIGHT OF INTERNATIONAL LAW" |
37 Pace International Law Review 299 (2025) |
Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced... |
2025 |
| Naomi Brim |
"POLLUTION DOES NOT [SIC] DISCRIMINATE": LOUISIANA v. EPA, DISPARATE IMPACT, AND THE FIGHT FOR ENVIRONMENTAL JUSTICE IN A HOSTILE CLIMATE |
110 Minnesota Law Review 485 (November, 2025) |
Human-induced climate change hurts people. Environmental burdens impact a person's ability to live freely, in good health, and with loved ones. And in the United States, people in positions of political authority and decision-making--who are predominantly white and high-income--use the legal system to push environmental harms disproportionately... |
2025 |
| Maria Antonia Tigre |
"SMALL" VOICES, BIG WINS: ANALYZING REMEDIES IN CHILDREN'S CLIMATE CASES |
82 Washington and Lee Law Review 1009 (Summer, 2025) |
Children's climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases--those in which relief sought by the applicants was fully or partially granted--across five continents,... |
2025 |
| Pippa Browde |
#TAXBACK? PROHIBITING STATE REAL PROPERTY TAXES ON LAND IN INDIAN COUNTRY |
108 Marquette Law Review 877 (Summer, 2025) |
Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state... |
2025 |
| Alyssa Umberger |
(ENVIRONMENTAL) JUSTICE FOR ALL: RETHINKING ENVIRONMENTAL DISASTER REMEDIES |
15 Washington Journal of Social & Environmental Justice 55 (June, 2025) |
Currently, many individuals in the United States face insurmountable challenges to successfully receiving compensation for the health and property damage they suffered due to environmental disasters, like oil and other hazardous substance spills. Although existing federal environmental laws prohibit such discharges, and the Department of Justice... |
2025 |
| William F. Tate IV , Keena N. Arbuthnot |
A COMPARATIVE FINANCIAL ANALYSIS OF LOUISIANA'S LAND-GRANT UNIVERSITIES: THE MORRILL ACTS AND BROWN REVISITED |
66 William and Mary Law Review 1061 (March, 2025) |
C1-2Table of Contents Introduction. 1062 I. A Case for Louisiana. 1064 II. National Implications of the Morrill Acts and the Plessy Doctrine. 1067 III. Higher Education Desegregation: A Tale of Two Neighboring Land-Grants. 1072 IV. Financial Analysis of Louisiana's Land-Grant Universities and Its Peers. 1076 A. Approach to Comparative Design. 1076... |
2025 |
| Ottavio Quirico |
A HUMAN RIGHT TO A SUSTAINABLE CLIMATE? |
49 William and Mary Environmental Law and Policy Review 333 (Winter, 2025) |
Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective... |
2025 |
| Lingxi Chenyang |
A LOCKEAN THEORY OF COASTAL CLIMATE ADAPTATION |
30 Ocean and Coastal Law Journal 139 (June, 2025) |
Abstract Introduction I. Theories of Climate Adaptation A. Scientific Realism B. Economic Realism C. Liberal Rights II. A Lockean Theory of Climate Governance A. Foundations of Lockean Liberalism 1. Natural Law and Natural Rights 2. Natural Property Rights i. Anti-Monopoly and Commons ii. Laborious Privatization iii. Anti-Waste Imperative B.... |
2025 |
| Michelle Bryan |
A MOST ESSENTIAL POWER: THE CASE FOR RESTORING COMPREHENSIVE LAND USE AUTHORITY IN INDIAN COUNTRY |
48 Public Land & Resources Law Review 46 (2025) |
Since time immemorial, [Tribal Nations] have cultivated a relationship with the land, its resources, and its other inhabitants. That relationship remains a unique feature of modern tribal governance .. Today, land use policies encompass the physical location of a Tribal Nation and its members, the use of agriculture or commerce to support its... |
2025 |
| Kyle McKenney |
A SURVEY OF CLIMATE LITIGATION: USING ENVIRONMENTAL REVIEW TO OPPOSE OFFSHORE OIL AND GAS PROJECTS IN COMMON LAW JURISDICTIONS |
57 New York University Journal of International Law & Politics 437 (Spring, 2025) |
I. Introduction. 437 A. To Tackle the Climate Crisis, Offshore Oil and Gas Production Must End. 438 B. Environmental Impact Assessments Are a Global Legal Standard. 440 II. Case Studies. 443 A. United States. 444 B. United Kingdom. 447 C. Australia. 454 III. Discussion. 459 A. EIA Litigation Can Force Accountability and Terminate Some Projects. 459... |
2025 |
| Sabrina S. McKenna |
A TRIBUTE TO JUSTICE MICHAEL WILSON: A JUDICIAL VOICE FOR A LIFE-SUSTAINING CLIMATE |
47 University of Hawaii Law Review 539 (Spring, 2025) |
A wonderful son, big brother, and friend; Kailua High School Student Body President, tennis player, and alumnus; University of Wisconsin scholarship tennis player and alumnus; graduate of the progressive Antioch Law School in D.C.; law clerk to federal and state court judges; practicing attorney (law firm associate then partner) representing... |
2025 |
| Katelyn Zafiropoulos Atanasio , Tina Brandt Loos , Brian Piotrowski |
A TRIBUTE: JUSTICE WILSON'S CRIMINAL JUSTICE AND ENVIRONMENTAL JURISPRUDENCE |
47 University of Hawaii Law Review 548 (Spring, 2025) |
I. Introduction: In Tribute to Justice Wilson's Unfettered Commitment to Justice. 548 II. Significant Influences on the Path to the Hawai'i Supreme Court. 550 III. Tenure on the Highest Court: In Service of Shared Common Values. 554 A. Protections for Criminal Defendants Under the State Constitution. 554 1. An Advocate for Broad Constitutional... |
2025 |
| Marie-Louise Fehun Aren |
ADVANCING LEGAL RECOGNITION AND COMMUNITY-LED REPARATIONS FOR INDIGENOUS RIGHTS IN COMBATING CLIMATE CHANGE AND ENVIRONMENTAL DEGRADATION |
119 AJIL Unbound 171 (2025) |
Designing meaningful reparations for Indigenous communities requires grappling with the enduring effects of historical and contemporary injustices. Despite the existence of international legal frameworks such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and International Labour Organization Convention 169,... |
2025 |
| Angela Hefti |
AN ECOFEMINIST APPROACH TO CLIMATE RISKS |
46 Michigan Journal of International Law 363 (2025) |
Climate change poses significant risks to the human right to life. However, international adjudicators have either neglected to examine right to life claims in the context of climate risks or dismissed them as prospective and speculative. International human rights bodies have long applied the standard of imminence to determine whether a threat to... |
2025 |
| Chick Hallinan |
AN OLD LAW WITH NEW TRICKS? THE PROSPECTS AND PITFALLS OF USING THE ANTIQUITIES ACT OF 1906 TO SHAPE CLIMATE POLICY ON FEDERAL LANDS |
78 Vanderbilt Law Review En Banc 93 (2025) |
The Antiquities Act of 1906 empowers the president to declare a national monument on federally owned land, subject to constraints. As physical hazards enhanced by climate change endanger historically or biologically valuable objects and places, the Act can shape climate policy on federal land--extending the designation to new tracts and enhancing... |
2025 |
| Anna Kirstine Schirrer , University of Copenhagen, Copenhagen, Denmark |
ANCESTRAL RIGHTS, ANCESTRAL LAND: REPARATIONS AND COLLECTIVE PROPERTY IN THE PLANTATION'S WAKE |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 21 September 2022 | Revised: 11 October 2024 | Accepted: 30 November 2024 Keywords: collective title | indigeneity | plantation | reparations | slavery The African Ancestral Rights Bill raised by the Reparations Group in Guyana represents a communal claim to land. It required Guyana's government to constitutionally recognize African... |
2025 |
| Heather Whiteman Runs Him |
ARIZONA v. NAVAJO NATION: LEAVING A TRICKLE OF HOPE FOR WATER SECURITY ON THE NAVAJO RESERVATION |
53 Urban Lawyer 101 (January, 2025) |
During the 2023 term, the United States Supreme Court decided three major cases directly impacting Tribal Nations and their citizens. Two of these three cases were resolved in ways that eroded hope for protection of tribes' retained sovereignty or reliable access to critical resources. In these two decisions, the Court disregarded long-established... |
2025 |
| Prakriti Shah, John M. Doherty |
ASSESSING AND ADVANCING THE CLIMATE CAPABILITY OF INDIA'S JUDICIARY |
55 Environmental Law Reporter (ELI) 10019 (January/February, 2025) |
As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India's climate and energy policies, its judicial structure, and a... |
2025 |
| Jasmine Sozi |
BAY AREA COMMUNITY LAND TRUST RISING TOGETHER: RECLAIMING HOUSING, REIMAGINING POWER |
34 Journal of Affordable Housing & Community Development Law 39 (2025) |
The Bay Area Community Land Trust (BACLT) stewards land in Berkeley and Oakland, on the unceded territory of the Chochenyo-speaking Ohlone people. The areas--known today as Berkeley (xucyun) and Oakland (Huichin)--are part of the ancestral and unceded homelands of the Ohlone, including the Muwekma Ohlone Tribe and other descendants of the... |
2025 |
| Leevin Taitano Camacho |
BEARING THE BRUNT |
39-WTR Natural Resources & Environment 42 (Winter, 2025) |
Environmental justice is a broad concept with many definitions, but at its core is based on the recognition that certain communities, like Indigenous communities, communities of color, and low-income communities historically have disproportionately borne the brunt of adverse environmental impacts. In an attempt to address environmental injustice,... |
2025 |
| Caroline M. Dunn, J.D. Candidate, Class of 2026, University of New Mexico School of Law |
BEFORE THE STREETLIGHTS COME ON: BLACK AMERICA'S URGENT CALL FOR CLIMATE SOLUTIONS BY HEATHER MCTEER TONEY (BROADLEAF BOOKS, 198 PAGES; 2023) |
65 Natural Resources Journal 271 (Summer, 2025) |
Climate change is arguably one of the most pressing challenges facing our world today. Although the topic is increasingly discussed in public discourse, the complex, intersectional nature of its impacts often remain underrepresented. For some, remaining in a state of denial is easier than facing the challenges presented by climate change. For... |
2025 |
| Danara Greer |
BENEATH THE SURFACE: UNEARTHING LEGAL, CULTURAL, AND ENVIRONMENTAL CHALLENGES TO RESOURCE EXTRACTION ON INDIGENOUS LAND |
16 San Diego Journal of Climate & Energy Law 163 (2024-2025) |
C1-2Table of Contents Abstract. 164 I. Land Acknowledgment. 164 II. A Note on Terminology. 165 III. Overview of Resource Extraction in Indian Country. 166 IV. Consequences of Extractive Industries in Indian Country. 169 A. Environmental Degradation. 169 B. Cultural Heritage Destruction. 172 V. The Current Legal Framework. 174 A. Erosion of Tribal... |
2025 |
| Jennifer Saeckl , Tanya Gibbs |
BEST PRACTICES FOR EMPLOYERS ON TRIBAL LAND |
104-DEC Michigan Bar Journal 38 (December, 2025) |
While economic development in Indian Country is long-standing, American Indian tribes have significantly transformed their participation in the economy, enhancing value and development on reservation lands. Over the past few decades, tribal businesses have evolved into self-sustaining, sovereign entities that support their members and nations.... |
2025 |
| Margaret A. McCallister |
BURNING DOWN THE HOUSE: WILDFIRES, CULTURAL BURNING, AND THE PERVERSE INCENTIVE STRUCTURE OF THE CLEAN AIR ACT |
37 Georgetown Environmental Law Review 297 (Winter, 2025) |
Rising global temperatures are contributing to an alarming trend of increasingly damaging wildland fires. Controlled burns (or prescribed fires) can mitigate wildfire smoke and break the cycle of increasingly destructive wildfires. However, United States forest policy has long focused on fire suppression. This Note discusses how federal... |
2025 |
| Lisa Lee |
CANCER ALLEY: SOLUTIONS FOR EFFECTIVE REGULATION AND ENFORCEMENT OF AIR POLLUTION |
23 Seattle Journal for Social Justice 51 (Winter, 2025) |
Louisiana's Industrial Corridor, a ~130-mile span along the Mississippi River from Baton Rouge to New Orleans, is colloquially known as Cancer Alley. People identify the area by that name because cancer and mortality rates for citizens in the Cancer Alley parishes are disproportionately high compared to the rest of Louisiana and the country. More... |
2025 |
| Quinlan Sharkey |
CARP AS AN INVASIVE SPECIES: REGULATION EFFECTS ON THE ECONOMY, ECOSYSTEM, AND ENVIRONMENT |
21 Animal & Natural Resource Law Review 151 (June, 2025) |
Asian carp have been invading and causing harm to United States waterways for decades. The species' presence adversely affects the environment and threatens native fish populations by altering the aquatic community, reducing water quality, and reproducing rapidly. The species can even threaten human safety. Invasive carp not only impact ecosystems... |
2025 |
| Sebastian Miller |
CHAINS DON'T FLOAT: THE INCOMPATIBILITY OF CARCERAL LOGIC AND ENVIRONMENTAL JUSTICE |
49 Harvard Environmental Law Review 345 (2025) |
When societies in distress are faced with nuanced and pernicious social ills, they often respond by falling into a default posture of criminalization and incarceration. In answer to the drug epidemic, escalating homelessness, and acute mental health crises, governments--and the United States especially--seek solutions in the tried-and-true tools... |
2025 |
| Jasmine Furin |
CHANGING CLIMATE, CHANGING RIGHTS: HOW THE UNITED STATES CAN LEARN FROM THE EMERGENCE OF THE RIGHT TO A HEALTHY ENVIRONMENT IN COLOMBIA AND INDIA |
53 Georgia Journal of International and Comparative Law 534 (2025) |
C1-2Table of Contents I. Introduction. 535 II. Climate Change & the Right to a Healthy Environment. 537 A. Climate Change Overview. 538 1. What is Climate Change and How Does It Work?. 539 2. Why Does Climate Change Matter?. 540 B. The Right to a Healthy Environment. 543 III. The Right to a Healthy Environment in Colombia, India, and the United... |
2025 |
| Antonio M. Gallop |
CLEARING THE AIR: LEGAL BARRIERS AND CIVIL RIGHTS IN THE FIGHT FOR CLEAN AIR |
19 Southern Journal of Policy and Justice 100 (May, 2025) |
C1-2CONTENTS ABSTRACT 100 INTRODUCTION 101 PART 1: BACKGROUND 102 PART II: LOUISIANA AND ITS CANCER ALLEY CONFLICT 108 PART III: EXTRAORDINARY REMEDIES- INJUNCTIVE RELIEF 112 PART IV: SHORT & LONG-TERM ENVIRONMENTAL JUSTICE CHALLENGES 116 |
2025 |
| Melissa Ferrari, Katherine Byrne, Lavinia Spieß |
CLEARING THE HAZE OF ENVIRONMENTAL POLLUTION |
61-MAR Trial 52 (March, 2025) |
Civic evidence can demonstrate how environmental pollution impacts a community. Here's how it may fit into the evidentiary landscape. Public engagement with climate change and other environmental issues has never seemed more apparent--and crucial. Yet for most of us, a haze of confusion sets in when we are confronted with technical scientific terms... |
2025 |
| Cynthia A. Williams |
CLIMATE CHANGE AND CORPORATE LAW IN THE UNITED STATES: NOT "WOKE" BUT EYES OPEN |
110 Iowa Law Review 2277 (July, 2025) |
ABSTRACT: This Essay discusses the evidence that climate change and nature loss create financially material risks for corporations that must be carefully considered by officers and directors pursuant to their fiduciary duties of loyalty and care. This analysis concludes that under the current state of fiduciary duty law and the known financial... |
2025 |
| Jean-François Hould, Sonya Savage, Kristy Balsanek, Victor Flatt |
CLIMATE CHANGE AND HUMAN RIGHTS |
49 Canada-United States Law Journal 96 (2025) |
Mr. STEPHEN PETRAS: We're here for our fourth and final panel of this year's conference, which is climate change and human rights. Our moderator is Jean-François Hould, who holds the position of Delegate of the Québec Government Office in Chicago. And, by the way, that office has been a great supporter of the Canada-U.S. Law Institute over the... |
2025 |
| Samvel Varvastian , School of Law and Politics, Cardiff University, Cardiff, United Kingdom |
CLIMATE CHANGE AND MENTAL HEALTH: A HUMAN RIGHTS PERSPECTIVE |
53 Journal of Law, Medicine & Ethics 298 (Summer, 2025) |
Climate change-related environmental harms have been observed to negatively affect mental health. While policymakers and courts around the world widely recognise the impacts of climate change on physical heath as potentially endangering human rights, the implications of climate change for mental health have received significantly less attention.... |
2025 |
| Monica Visalam Iyer |
CLIMATE EQUALITY LITIGATION AND TRANSFORMATIVE JUSTICE |
55 Columbia Human Rights Law Review Forum 286 (December, 2025) |
Perhaps the most optimistic view of the climate crisis is that it presents an opportunity, or even a necessity, to forge a new vision of the world that we share. If we are to face the threat of global warming, this must be done not only in a manner that is environmentally sustainable, but also in a way that reckons with historical and structural... |
2025 |
| Anya Ek |
CLIMATE MIGRATION IN THE MIDDLE EAST AND NORTH AFRICA: USING THE RIGHT TO HEALTH AS A BASIS FOR PREVENTATIVE AND REMEDIAL POLICY |
40 Connecticut Journal of International Law 258 (Summer, 2025) |
Climate change is forcing mass displacement and migration in the Middle East and North Africa on a scale domestic and international legal regimes are unprepared to handle. This Note provides an overview of the various ways climate migration detrimentally impacts human health in the Middle East and North Africa, examining the issue from both pre-... |
2025 |
| Shi-Ling Hsu |
CLIMATE RESILIENCE: A TYPOLOGY |
93 UMKC Law Review 801 (Summer, 2025) |
July 20, 2024, was the hottest day on Earth ever recorded, a global average of 62.76°F, until July 21, 2024, when the global average eclipsed the day-old record by reaching 62.87°F. By the end of that week, the four hottest days on Earth had occurred in that seven-day period. The ten hottest years in recorded history have been the last ten years,... |
2025 |
| Andrew Hammond |
CLIMATE STRAINS AND THE SAFETY NET |
111 Iowa Law Review 155 (November, 2025) |
ABSTRACT: As the climate crisis deepens, environmental pressures like extreme heat and worsening air quality are steadily degrading daily life in the United States. Distinct from climate shocks like hurricanes or wildfires, these climate strains impact all Americans, but do so unequally, depending on several factors, including people's geographic... |
2025 |
| Marissa Cripe |
COMMUNITY RULES: UTILIZING CUSTOMARY LAW TO COMBAT ENVIRONMENTAL DEGRADATION IN THE SOUTH PACIFIC |
24 Washington University Global Studies Law Review 183 (2025) |
INTRODUCTION. 183 I. CUSTOMARY LAW. 185 A. Legal Recognition of Customary Law. 188 B. Customary Law and Traditional Resource Management. 191 C. Customary Law and the Courts in the South Pacific Islands. 193 II. SAMOA AND THE FISHERIES ACT. 195 III. LOOKING AT PNG'S AND THE SOLOMON ISLANDS' ATTEMPTS. 198 A. PNG. 199 B. Solomon Islands. 201 IV.... |
2025 |
| Olivia Clausen |
CONSERVING CONSERVATION SERVITUDES: THE ROLE OF THE PRIOR PUBLIC USE DOCTRINE IN PROTECTING PRIVATELY CONSERVED LAND IN THE UNITED STATES AND AUSTRALIA |
37 Pace International Law Review 261 (2025) |
I. INTRODUCTION. 263 II. BACKGROUND. 268 A. Benefits of Conservation Servitudes. 268 B. Threats to Permanence. 272 C. The Prior Public Use Doctrine. 275 D. Isaac W. Bernheim Foundation v. Louisville Gas and Electric Company. 281 E. Youth Verdict v. Waratah Coal. 284 III. CONSERVATION SERVITUDES IN THE UNITED STATES AND AUSTRALIA. 286 A.Uniform... |
2025 |
| Rodolfo Lopez Moreno , Center for Social Conflict and Cohesion Studies (COES), Santiago, CL, Chile, Email: rodolfolopezm@gmail.com |
CONSTITUTIONALLY MOBILIZING AGAINST CLIMATE CHANGE: THE CASE OF THE ENVIRONMENTAL MOVEMENT AT THE CHILEAN CONSTITUTIONAL CONVENTION |
59 Law and Society Review 106 (March, 2025) |
(Received 15 September 2023; revised 25 August 2024; accepted 10 October 2024) As Chile embarked on a constitutional replacement process during its worst-ever drought, local environmental activists secured significant representation at the Constitutional Convention responsible for drafting a new constitution, and successfully integrated provisions... |
2025 |
| Gary Norman Esq. LLM |
CONVERSATION IN MY PARLOR ABOUT CLIMATE CHANGE AND THE CALL TO THOUGHTFUL SERVICE BY LAWYERS WITH DISABILITIES |
38 Journal of Law and Health 329 (21-Apr-25) |
Abstract: Pope John Paul II penned, So much of our world seems to be in fragments, in disjointed pieces. Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this... |
2025 |
| Raychel Octavia Gadson , Department of Political Science, Johns Hopkins University, Baltimore, MD, USA, Email: raychel.gadson@gmail.com |
CO-OPTING THE STATE: MOBILIZING ENVIRONMENTAL JUSTICE CLAIMS IN A REGULATORY AGENCY |
59 Law and Society Review 82 (March, 2025) |
Sociolegal scholars have long debated the effectiveness of legal mobilization as a strategy for achieving social change. In addition to evaluating outcomes of wins and losses in court, they have identified several indirect effects of legal mobilization on social movements. Mobilizing new rights concepts can increase support for a movement, divide... |
2025 |
| Joseph Brau |
COORDINATING COORDINATION REQUIREMENTS IN ENVIRONMENTAL EMERGENCY ACTION PROVISIONS |
100 New York University Law Review 1211 (October, 2025) |
Certain provisions within environmental statutes, known as emergency action provisions, provide EPA administrators with the authority to take legal action when certain forms of pollution threaten public health. Of the six most prevalent environmental statutes with emergency action provisions, five have unique requirements for coordination with... |
2025 |
| John J. Infranca |
DECODING LAND USE DISCRETION |
110 Iowa Law Review 1755 (May, 2025) |
ABSTRACT: The housing shortage and affordability crisis have elicited calls for a reappraisal of the allocation of zoning power between state and local governments. Although scholars have given significant attention to potential legal reforms, there has been little discussion of the local administration of zoning codes. Over the course of the... |
2025 |
| Amy Van Zyl-Chavarro |
DEFINING THE RIGHT TO A HEALTHY ENVIRONMENT: INSIGHTS FROM THE INTER-AMERICAN COURT OF HUMAN RIGHTS |
55 Environmental Law 49 (Winter, 2025) |
Examples of governments' failure to protect individuals from the devastating impacts of environmental degradation are widespread, and the ramifications are increasingly global, affecting transboundary concerns like human migration, food production and climate. The global nature of these problems calls for international law solutions, and advocates... |
2025 |
| Mark Nevitt |
DESTROY, REBUILD, REPEAT: HOW TO BREAK THE CLIMATE DISASTER CYCLE |
78 Vanderbilt Law Review 493 (March, 2025) |
Climate change is fundamentally reshaping how we live, where we live, and whether we invest in or retreat from climate-exposed communities--but climate and disaster law is not changing with the climate. This legal latency is driven by antiquated statutes, doctrines, and policies that have not kept pace with the climate moment. Ex ante adaptation... |
2025 |
| Michelle Lebed |
DYING TO COMPETE: HOW THE OPEN-WATER SWIMMING SAFETY ACT CAN PROTECT ATHLETES, HONOR FRAN CRIPPEN'S LEGACY, AND RESHAPE OPEN-WATER SWIMMING BEFORE THE 2028 OLYMPICS |
18 Drexel Law Review 313 (2025) |
Open-water swimming, though an Olympic event since 2008, has never been safe. In light of the Olympics returning to the United States for the first time in over three decades, USA Swimming has the opportunity to set a new global precedent: one where the safety of athletes takes priority over elite competition. This Note argues that current safety... |
2025 |
| Jillian Houle |
ECOCENTRIC ENVIRONMENTAL JUSTICE: WHY WE SHOULD GO THERE AND HOW WE CAN GET THERE |
42 Pace Environmental Law Review 359 (Spring, 2025) |
Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks what are you going to do about it?, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental... |
2025 |
| Alli Olson |
ENDOWMENT LANDS: A SOVEREIGN STARTUP, SACRED TRUST, & PROMISE FOR THE FUTURE |
68-OCT Advocate 14 (October, 2025) |
What are endowment lands? Are they public lands? Or are they just open to the public? Aren't they owned by the state? So, they're managed for the people of the state . right? Endowment lands are, well, complicated. But their underlying principle is fairly straightforward. This article endeavors to answer each of the above questions by taking a... |
2025 |
| Joseph Brennan, Claudia Butler, Noah Dreeben, Allie Finio, Jen Fridman, Katherine Hagen, Kate Kahle |
ENVIRONMENTAL CRIMES |
62 American Criminal Law Review 563 (Summer, 2025) |
I. Introduction. 565 A. Criminal Versus Civil Penalties. 566 B. Criminal Enforcement. 567 C. Interaction with Other Criminal Violations. 568 II. General Issues. 568 A. Overview of the Elements of an Environmental Criminal Violation. 568 B. Liability. 569 1. Individual Liability. 569 2. Corporate Liability. 570 C. Common Defenses. 571 1.... |
2025 |