| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| David Takacs |
SOUTH AFRICA AND THE HUMAN RIGHT TO WATER: EQUITY, ECOLOGY, AND THE PUBLIC TRUST DOCTRINE |
34 Berkeley Journal of International Law 55 (Fall, 2016) |
After liberation from apartheid in 1996, South Africa's new, progressive Constitution proclaimed: Everyone has the right to have access to sufficient food and water. In this paper, I analyze South Africa's revolutionary legal vision for marrying social equity to ecology in fulfilling the right to water. South Africa's successes and obstacles as a... |
2016 |
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| Matthew T. King |
SOVEREIGNTY'S GRAY AREA: THE DELIMITATION OF AIR AND SPACE IN THE CONTEXT OF AEROSPACE VEHICLES AND THE USE OF FORCE |
81 Journal of Air Law and Commerce 377 (Summer, 2016) |
Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact... |
2016 |
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| William H. Holley |
STARTING FROM SCRATCH: REASSERTING "Indian COUNTRY" IN ALASKA BY PLACING ALASKA NATIVE LAND INTO TRUST |
11 Florida A & M University Law Review 333 (Spring, 2016) |
301 Introduction. 303 I. The Present Scheme of Native Land Ownership in Alaska. 305 A. The Legal Trajectory of Native Land Ownership in Alaska. 306 1. The Alaska Native Claims Settlement Act. 307 2. The Venetie Indian Country Decision. 309 B. The Practical Impact of ANCSA. 311 1. Poverty in Rural Alaska. 311 2. Policing Rural Alaska. 313... |
2016 |
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| Darryll M. Halcomb Lewis |
THE CREATION OF A HOSTILE WORK ENVIRONMENT BY A WORKPLACE SUPERVISOR'S SINGLE USE OF THE EPITHET "NIGGER" |
53 American Business Law Journal 383 (Summer, 2016) |
Far more than a mere offensive utterance, the word nigger is pure anathema to African-Americans. Perhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as nigger by a supervisor in the presence of his subordinates. This article... |
2016 |
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| James S. Burns |
THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? |
38 University of Hawaii Law Review 213 (Winter, 2016) |
In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... |
2016 |
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| Samit D'Cunha |
THE FIRST PLAGUE: THE DENIAL OF WATER AS A FORCIBLE TRANSFER UNDER INTERNationAL HUMANITARIAN LAW |
24 Michigan State International Law Review 279 (2016) |
Introduction. 279 I. Determination of the Applicable Law in the West Bank. 282 II. The Scope of Deportation & Forcible Transfers Under Article 49 of the Fourth Geneva Convention. 287 III. Water Regulation in the West Bank. 292 A. Appropriation of Water Resources in the Aftermath of the Six Day War. 293 B. Water Regulation Under the Oslo Accords and... |
2016 |
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| Liz Darling Edmondson |
THE INCORPORATION OF HEALTH IMPACT ANALYSIS INTO LAND USE REGULATION: USING HEALTH IMPACT ASSESSMENTS TO PROMOTE SUSTAINABLE, HEALTHY COMMUNITIES |
8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 43 (2015-2016) |
A variety of health conditions are increasingly being connected to land use decision-making. Land use decisions, or policies that encourage suburban sprawl, can contribute to various adverse health impacts derived from neighborhoods that are not conducive to physical activity and increased traffic congestion that contributes to air pollution. Other... |
2016 |
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| Michael Hozik |
THE OLYMPIC GAMES: A GLOBAL STAGE FOR ENVIRONMENTAL ACTIVISM AND PROGRESS |
8/22/2016 Georgetown Environmental Law Review Online 1 (August 22, 2016) |
The 1994 Winter Olympics in Lillehammer, Norway were the first Olympic Games to explicitly include environmental considerations while preparing for and hosting of the Olympic Games. Since then, the International Olympic Committee (IOC) has updated its charter to encourage and support a responsible concern for environmental issues, to promote... |
2016 |
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| Lécia Vicente |
THE TALE OF THE SILVER FOX: THE CO-EVOLUTION OF PROPERTY RIGHTS AND CONTRACTUAL ARRANGEMENTS IN LIMITED LIABILITY COMPANIES |
26 Southern California Interdisciplinary Law Journal 189 (Fall, 2016) |
[W]hen we compare the dray-horse and race-horse, the dromedary and camel, the various breeds of sheep fitted either for cultivated land or mountain pasture, with the wool of one breed good for one purpose, and that of another breed for another purpose; when we compare the many breeds of dogs, each good for man in different ways; when we compare... |
2016 |
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| Gavin Clarkson , Alisha Murphy |
TribAL LEAKAGE: HOW THE CURSE OF TRUST LAND IMPEDES TribAL ECONOMIC SELF-SUSTAINABILITY |
12 Journal of Law, Economics & Policy 177 (Spring 2016) |
Gallup, New Mexico, is a border town just outside the Navajo Nation reservation with an estimated 22,000 residents; however, that number nearly triples on the first of the month. Social Security checks are distributed to elders and veterans on the first of the month, and most tribal members have neither access to a local bank nor sufficient... |
2016 |
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| Kayla Kelly-Slatten |
UNCITRAL TRANSPARENCY: AN EXAMINation OF THE 2014 INTERNationAL ARBITRATION TRANSPARENCY RULES AND THEIR EFFECT ON INVESTOR-STATE ENVIRONMENTAL DISPUTES AND ECONOMIC FAIRNESS |
8 Yearbook on Arbitration and Mediation 94 (2016) |
In 2002, Pacific Rim Mining Corporation (now owned by OceanaGold) began exploring gold mining in the Central American country El Salvador. Six years later, due to extreme public outcry regarding the polluted and depleted drinking water, Salvadoran President Elías Antonio Saca banned mineral mining, and denied all permits, including Pacific Rim's.... |
2016 |
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| Jason W. Jutz |
UTILITY AIR REGULATORY GROUP v. ENVIRONMENTAL PROTECTION AGENCY: THE APOTHEOSIS OF IMPLICIT BIAS IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA AGAINST ENVIRONMENTAL INTERESTS AND THEIR ADVOCATES |
12 Journal of Animal & Natural Resource Law 53 (May, 2016) |
So confident am I in the intentions, as well as wisdom, of the government, that I shall always be satisfied that what is not done, either cannot, or ought not to be done. While I have a rather great respect for Thomas Jefferson, on this occasion, I do not share his view .. I take particular note of the epic failure by the Supreme Court of the... |
2016 |
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| Sarah Schindler |
ARCHITECTURAL EXCLUSION: DISCRIMINation AND SEGREGATION THROUGH PHYSICAL DESIGN OF THE BUILT ENVIRONMENT |
124 Yale Law Journal 1934 (April, 2015) |
The built environment is characterized by man-made physical features that make it difficult for certain individuals-- often poor people and people of color--to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways... |
2015 |
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| Christopher K. Warren |
BLOWING THE WHISTLE ON ENVIRONMENTAL LAW: HOW CONGRESS CAN HELP THE EPA ENLIST PRIVATE RESOURCES IN THE FIGHT TO SAVE THE PLANET |
42 Boston College Environmental Affairs Law Review 195 (2015) |
Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards... |
2015 |
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| Gregg P. Macey |
BOUNDARY WORK IN ENVIRONMENTAL LAW |
53 Houston Law Review 103 (Fall, 2015) |
This Article introduces a new approach to environmental law, which I refer to as boundary work. Legal scholars organize environmental law around a series of boundary disputes. These include: federalism, beginning with the matching principle and the appropriate scale of response to pollution; statutory interpretation, including federal power to... |
2015 |
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| Mallory Irwinsky |
COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TribES OF THE POWDER RIVER AND WIND RIVER BASINS |
39 American Indian Law Review 553 (2014-2015) |
For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... |
2015 |
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| Jootaek Lee |
CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY |
107 Law Library Journal 259 (Spring, 2015) |
This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... |
2015 |
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| Jessica Embree |
CRIMINALIZING LAND-GRABBING: ARGUING FOR ICC INVOLVEMENT IN THE CAMBODIAN LAND CONCESSION CRISIS |
27 Florida Journal of International Law 399 (December, 2015) |
I. Introduction. 399 II. History of Land-Grabbing. 402 III. Current Legal Framework in Cambodia. 404 A. Land Ownership Rights for Individuals. 404 B. Land Ownership Rights for Indigenous Communities. 405 C. Legal Framework and Procedures for Land Concessions. 406 D. Methods of Redress for Land Right Disputes. 408 IV. The International Criminal... |
2015 |
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| Eirik Torsvoll |
DETERRING CONFLICT WITH CHINA: A COMPARISON OF THE AIR-SEA BATTLE CONCEPT, OFFSHORE CONTROL, AND DETERRENCE BY DENIAL |
39-WTR Fletcher Forum of World Affairs 35 (Winter, 2015) |
China has, ever since the 1996 Taiwan Strait Crisis, attempted to develop the means to counter America's power projection abilities in the Asia-Pacific. During the Crisis, President Clinton deployed two U.S. aircraft carrier battle groups to the region in order to coerce China to end its hostilities toward Taiwan. The event greatly accelerated... |
2015 |
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| Cara McClellan |
DISCRIMINation AS DISRUPTION: ADDRESSING HOSTILE ENVIRONMENTS WITHOUT VIOLatinG THE CONSTITUTION |
34 Yale Law and Policy Review Inter Alia 1 (Fall, 2015) |
In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: There will never be a nigger at SAE . you can hang him from a tree, but he'll never sign with me. Following the wide circulation of this video, the university's president expelled two students leading the... |
2015 |
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| Gabriel Eckstein |
DRUGS ON TAP: MANAGING PHARMACEUTICALS IN OUR Nation'S WATERS |
23 New York University Environmental Law Journal 37 (2015) |
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of... |
2015 |
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| Hajin Kim |
ECO-LABELS AND COMPETITION: ECO-CERTIFICATION EFFECTS ON THE MARKET FOR ENVIRONMENTAL QUALITY PROVISION |
22 New York University Environmental Law Journal 181 (2015) |
Introduction. 181 I. Assumptions and Legal Context. 184 A. Factual Assumptions. 184 B. Legal Context. 186 II. The Justification For Eco-Certification. 190 A. The Facts. 190 B. Legal Analysis. 194 III. The Likely Anti-Competitive Effect of Producer-Led Eco-Label Entry. 199 A. The Facts. 199 B. Legal Analysis. 208 IV. The Scale Versus Exclusivity... |
2015 |
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| Alexandra Dapolito Dunn , Chandos Culleen |
ENGINES OF ENVIRONMENTAL INNOVATION: REFLECTIONS ON THE ROLE OF STATES IN THE U.S. REGULATORY SYSTEM |
32 Pace Environmental Law Review 435 (Spring, 2015) |
Ralph Waldo Emerson said, [d]o not go where the path may lead, go instead where there is no path and leave a trail. This reflection from an American poet with a passion for the environment seems to set the stage well for an article reflecting on the role of state environmental regulatory, programmatic, and management innovation. States are often... |
2015 |
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| Paul Sabin |
ENVIRONMENTAL LAW AND THE END OF THE NEW DEAL ORDER |
33 Law and History Review 965 (November, 2015) |
I don't think there was ever a field of law which developed as explosively and dramatically as environmental law, David Sive, a pioneering environmental lawyer, declared in a 1982 interview. It was the great romance. Along with new state and federal regulatory agencies and more than a dozen major environmental statutes passed in the 1970s,... |
2015 |
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| Craig Anthony (Tony) Arnold |
ENVIRONMENTAL LAW, EPISODE IV: A NEW HOPE? CAN ENVIRONMENTAL LAW ADAPT FOR RESILIENT COMMUNITIES AND ECOSYSTEMS? |
21 Journal of Environmental and Sustainability Law 1 (Fall, 2015) |
It is a period of uncertainty and change. Climate change is threatening communities and ecosystems. The old regimes are fragmented, divided, only partially effective. They falter in the face of drought, flood, invasive species, polluted runoff, and land-development pressures. The landscapes of forests, farms, and cities are changing, even shifting.... |
2015 |
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| Shannon M. Roesler |
FEDERALISM AND LOCAL ENVIRONMENTAL REGULATION |
48 U.C. Davis Law Review 1111 (February, 2015) |
From green building initiatives to local farmers' markets, local governments have become major players in addressing the most pressing environmental and public health concerns. For example, in the absence of national climate change legislation, municipalities are leading the way in transportation and development strategies to mitigate and adapt to... |
2015 |
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| Ciprian N. Radavoi |
FENCELINE COMMUNITIES AND ENVIRONMENTALLY DAMAGING PROJECTS: AN ASYMPTOTICALLY EVOLVING RIGHT TO VETO |
29 Tulane Environmental Law Journal 1 (December 1, 2015) |
The issue of unwanted facilities siting was discussed for decades by academics, as far as the local community--government dialogue is concerned, in the so-called NIMBY (Not In My Back Yard) and LULU (Locally Unwanted Land Uses) literature; as for the local community-transnational corporation dialogue, it has been more recently analyzed in the... |
2015 |
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| Purba Mukerjee |
FIGHTING FOR AIR IN Indian COUNTRY: CLEAN AIR ACT JURISDICTION IN OFF-RESERVATION TribAL LAND |
45 Environmental Law Reporter News & Analysis 10966 (October, 2015) |
Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit--in reviewing EPA's tribal CAA rules--significantly cut back on these efforts, resulting in state encroachment on the environmental authority... |
2015 |
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| Benjamin Mason Meier , Yuna Kim |
HUMAN RIGHTS ACCOUNTABILITY THROUGH TREATY BODIES: EXAMINING HUMAN RIGHTS TREATY MONITORING FOR WATER AND SANITATION |
26 Duke Journal of Comparative & International Law 141 (Fall 2015) |
Framing scholarship on human rights accountability through treaty bodies, this article examines the water and sanitation content of state human rights reporting to the United Nations Committee on Economic, Social and Cultural Rights. In this novel application of analytic coding methods to state human rights reports, the authors trace the... |
2015 |
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| Rebecca Tsosie |
IndigenOUS PEOPLES AND THE ETHICS OF REMEDIATION: REDRESSING THE LEGACY OF RADIOACTIVE CONTAMINation FOR NATIVE PEOPLES AND NATIVE LANDS |
13 Santa Clara Journal of International Law 203 (2015) |
Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... |
2015 |
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| Mohamed F. Sweify |
INVESTMENT-ENVIRONMENT DISPUTES: CHALLENGES AND PROPOSALS |
14 DePaul Business & Commercial Law Journal 133 (Winter 2015) |
How effective is arbitration in resolving investment disputes, and what are the prospects of this method when the dispute involves non-investment issues, such as the environmental issues? These questions are likely to prompt diverse discussions and analysis of overlapping bodies of law. It is apparent that the system of investment arbitration is a... |
2015 |
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| Tamara L. Slater |
INVESTOR-STATE ARBITRATION AND DOMESTIC ENVIRONMENTAL PROTECTION |
14 Washington University Global Studies Law Review 131 (2015) |
Introduction. 131 I. International Agreements and Global Environmental Protection. 134 A. World Trade and International Investment Agreements. 134 B. Investor-State Dispute Settlement (ISDS) Provisions. 136 C. International Environmental Protection Measures. 140 II. The Challenge of Implementing International Environmental Policies Through... |
2015 |
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| Tanya Kapoor |
IS SUCCESSFUL WATER PRIVATIZATION A PIPE DREAM?: AN ANALYSIS OF THREE GLOBAL CASE STUDIES |
40 Yale Journal of International Law 157 (Winter 2015) |
Introduction. 158 I. Methodology. 161 A. Class Dynamics. 161 B. Business and Deal Structure. 162 C. Political Climate. 163 II. Cochabamba, Bolivia. 163 A. Background. 163 B. The Cochabamba Privatization. 164 C. The Model Applied. 167 III. KwaZulu-Natal, South Africa. 171 A. Background. 171 B. The KwaZulu-Natal Privatization. 172 C. The Model... |
2015 |
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| Rita Lenane |
IT DOESN'T SEEM VERY FAIR, BECAUSE WE WERE HERE FIRST: RESOLVING THE SIOUX Nation Black HILLS LAND DISPUTE AND THE POTENTIAL FOR RESTORATIVE JUSTICE TO FACILITATE GOVERNMENT-TO-GOVERNMENT NEGOTIATIONS |
16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) |
As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... |
2015 |
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| Scott P. Stedjan |
LAND IS NOT THE NEW OIL: WHAT THE NIGERIAN OIL EXPERIENCE CAN TEACH SOUTH SUDAN ABOUT BALANCING THE RISKS AND BENEFITS OF LARGE SCALE LAND ACQUISITION |
3 Penn State Journal of Law & International Affairs 168 (February, 2015) |
The only reason why we are hungry is because of how we have been investing in Agriculture.--Ann Itto, South Sudan's Minister of Agriculture When food becomes scarce, the investor needs a weak state that does not force him to abide by any rules.-- Phillepe Heilberg of Jarch Capital Recent global food price volatility combined with the growing... |
2015 |
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| Erik Podhora |
LESSONS FOR CLIMATE CHANGE REFORM FROM ENVIRONMENTAL HISTORY: 19TH CENTURY WILDLIFE PROTECTION AND THE 20TH CENTURY ENVIRONMENTAL MOVEMENT |
30 Journal of Environmental Law & Litigation 1 (2015) |
Introduction. 3 I. State Wildlife Laws of The Late 19th Century. 7 A. Background. 7 B. Factors Contributing to Enactment of State Wildlife Laws. 10 1. Changes in Philosophy. 11 2. Demographic Changes and the End of the Frontier. 14 3. The Role of Organized Groups. 16 C. Challenges to State Wildlife Laws. 18 1. Legal Challenges. 19 2. Local... |
2015 |
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| Xiaoxin Shi |
MAKING ENDS MEET: USING A MARKET-BASED APPROACH TO INCENTIVIZE FOREIGN VESSELS TO COMPLY WITH THE AIR EMISSION STANDARDS OF MARPOL ANNEX VI |
4 Penn State Journal of Law & International Affairs 556 (December, 2015) |
Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL) sets mandatory air emission standards for ocean-going vessels. Ratifying countries are required to enact legislation to implement MARPOL Annex VI (Annex VI) within their jurisdictions. The United States adopted Annex VI through the Act to Prevent Pollution... |
2015 |
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| Catherine J. Iorns Magallanes |
MAORI CULTURAL RIGHTS IN AOTEAROA NEW ZEALAND: PROTECTING THE COSMOLOGY THAT PROTECTS THE ENVIRONMENT |
21 Widener Law Review 273 (2015) |
Indigenous views of their relationship with the natural world differ from those of the states within which they live. Such different views stem from different cosmologies and religions that define the appropriate place of humankind within nature. They give rise to different understandings of human rights and responsibilities in relation to the... |
2015 |
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| John A. Pearce II , Ilya A. Lipin |
MITIGATING THE EMPLOYER'S EXPOSURE TO THIRD PARTY CLAIMS OF A HOSTILE WORK ENVIRONMENT |
26 Hastings Women's Law Journal 319 (Summer 2015) |
Romance in the workplace environment is common and may increase employers' exposure to liability. According to a recent survey, fifty-nine percent of employees admit to participating in a romantic relationship while at work. When asked what type of romance they participated in, forty-one percent stated that the romance was an ongoing but casual... |
2015 |
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| Thomas Silverstein |
OVERCOMING LAND USE LOCALISM: HOW HUD'S NEW FAIR HOUSING REGULATION CAN PUSH STATES TO ERADICATE EXCLUSIONARY ZONING |
5 University of Baltimore Journal of Land and Development 25 (Fall, 2015) |
Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD's publication of a final AFFH rule on July 16, 2015 was the culmination of that process, but the rule did... |
2015 |
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| Samantha Peikoff Adler |
PENN CENTRAL 2.0: THE TAKINGS IMPLICATIONS OF PRINTING AIR RIGHTS |
2015 Columbia Business Law Review 1120 (2015) |
A transferable development right or TDR refers to the air space above a zoning lot that can be sold to neighboring landowners who seek to build structures that exceed the maximum height permitted by zoning. Until recently, if a developer in Midtown Manhattan required TDRs, he or she needed to acquire them from a landmark building. The city... |
2015 |
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| R.D. Truitt |
PLAIN TALK ABOUT PLANE CLAIMS: AN AIR CARRIER CLAIMS EXAMINER'S HANDBOOK |
80 Journal of Air Law and Commerce 449 (Spring 2015) |
THIS ARTICLE DETAILS advanced methods for the handling of airline passenger injury claims. It is based on the rather prosaic idea that the aerial environment is quite different from the earthbound milieu in certain key respects, alongside the less prosaic--and claim-related--notion that these differences give rise to opportunities for evaluating... |
2015 |
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| Eric V. Hull |
PROTECTING ENDANGERED SPECIES IN AN ERA OF CLIMATE CHANGE: THE NEED FOR A SMARTER LAND USE ETHIC |
31 Georgia State University Law Review 579 (Spring, 2015) |
The most unique feature of Earth is the existence of life, and the most extraordinary feature of life is its diversity. In 1973, Congress responded to the cumulative impacts human activities had on plant and animal species by passing the Endangered Species Act (ESA). Congress recognized that many of the nation's native plants and animals were in... |
2015 |
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| John C. Dernbach , Marc Prokopchak |
RECOGNITION OF ENVIRONMENTAL RIGHTS FOR PENNSYLVANIA CITIZENS: A TribUTE TO CHIEF JUSTICE CASTILLE |
53 Duquesne Law Review 335 (Summer, 2015) |
I. Introduction. 335 II. Loss of Original Meaning of Article I, Section 27. 339 A. Commonwealth v. National Gettysburg Battlefield Tower, Inc. 339 B. Payne v. Kassab. 341 C. The Unhappy Legacy of Payne v. Kassab. 344 1. Reported Court Cases. 344 2. Administrative Agency Decisions. 348 III. Robinson Township v. Commonwealth: Recovery of Article I,... |
2015 |
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| Melinda Harm Benson |
RECONCEPTUALIZING ENVIRONMENTAL CHALLENGES--IS RESILIENCE THE NEW NARRATIVE? |
21 Journal of Environmental and Sustainability Law 99 (Fall, 2015) |
How we think about environmental management challenges is important. It matters because our characterization of these challenges dictates both how we perceive them and then, correspondingly, how we integrate these perceptions into our legal and institutional frameworks. The question posed in this Article is whether resilience is actually a new... |
2015 |
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| Robert Banas |
RLUIPA: HOW EQUALITY AND FAIRNESS IN LAND USE REGULATIONS DO NOT ALWAYS COEXIST |
16 Rutgers Journal of Law & Religion 360 (Spring, 2015) |
Religious liberty is a constitutional value of the highest order, and the Framers of the Constitution included protection for the free exercise of religion in the very first Amendment. This Act recognizes the importance the free exercise of religion plays in our democratic society. - President Bill Clinton The ability to practice religion free of... |
2015 |
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| Sasha Fannie Belinkie |
SOUTH AFRICA'S LAND RESTITUTION CHALLENGE: MINING ALTERNATIVES FROM EVOLVING MINERAL TAXATION POLICIES |
48 Cornell International Law Journal 219 (Winter 2015) |
Introduction. 219 I. Background. 224 A. South Africa's History and Present Legal Framework. 224 1. Statutory Framework from Colonialism and Apartheid. 224 2. South Africa's Democratic Constitution. 226 B. Government of the Republic of South Africa v. Grootboom. 227 C. President of South Africa v. Modderklip Boerdery, Ltd.. 228 II. South Africa's... |
2015 |
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| John D. Echeverria |
STATE JUDICIAL ELECTIONS AND ENVIRONMENTAL LAW: CASE STUDIES OF MONTANA, NORTH CAROLINA, WASHINGTON, AND WISCONSIN |
16 Vermont Journal of Environmental Law 363 (Spring, 2015) |
Introduction and Overview. 364 I. Montana. 372 A. Montanans' Right to a Clean and Healthful Environment. 372 B. The Montana Judicial Electoral Process. 378 C. Judicial Rulings Affecting the Judicial Electoral Process. 380 D. The Ideological Struggle for Control of the Supreme Court. 386 E. The 2012 Election. 387 F. The 2014 Appointment. 392 G. The... |
2015 |
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| Thomas Silverstein |
STATE LAND USE REGULATION IN THE ERA OF AFFIRMATIVELY FURTHERING FAIR HOUSING |
24 Journal of Affordable Housing & Community Development Law 305 (2015) |
I. Nature and Power of States as HUD Program Participants. 308 A. Who Is the Grantee?. 308 B. States in the Federal System. 309 C. States and Localism. 309 II. Exclusionary Zoning, States, and Residential Racial Segregation. 311 A. Early Origins. 311 B. Exclusionary Zoning and the Fair Housing Act. 313 C. Exclusionary Zoning Today. 315 III.... |
2015 |
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| Louis J. Kotze |
THE CONCEPTUAL CONTOURS OF ENVIRONMENTAL CONSTITUTIONALISM |
21 Widener Law Review 187 (2015) |
With respect to its theory and conceptual architecture, environmental constitutionalism has received scant attention to date. Commentators are only just starting to direct their analytical and descriptive focus to this evolving concept. Generally speaking, environmental constitutionalism is associated mostly with debates surrounding the... |
2015 |
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