| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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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| Diego Gil Mc Cawley |
THE POLITICAL ECONOMY OF LAND USE GOVERNANCE IN SANTIAGO, CHILE AND ITS IMPLICATIONS FOR CLASS-BASED SEGREGATION |
47 Urban Lawyer 119 (Winter, 2015) |
Despite decades of economic development and the general improvement in the quality of life of its people, Santiago, the capital of Chile, presents high levels of residential segregation along socioeconomic lines. A debate about legal reforms to address this phenomenon is currently occurring. Chile has an expansive regime of housing assistance... |
2015 |
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| Thomas Maligno , Benjamin Rajotte |
TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY |
26 Fordham Environmental Law Review 345 (Spring, 2015) |
Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half year anniversary, complex challenges remain... |
2015 |
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| Robert H. Abrams |
WATER LAW TRANSITIONS |
66 South Carolina Law Review 597 (Spring, 2015) |
I. The Limitations of Reasonable Use Riparianism and the Need for Change. 600 II. A Cameo Description of the Typical Regulated Riparianism System. 607 III. Looking at South Carolina's Act 247 of 2010: A Critique of Unusual Provisions in the South Carolina Statute. 611 A. The Law and its Principal Standard. 611 IV. Transition from Common Law... |
2015 |
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| Christine Fry , Ian McLaughlin , Alexis Etow , Rio Holaday |
WHAT'S IN STORE: A VISION FOR HEALTHIER RETAIL ENVIRONMENTS THROUGH BETTER COLLABORATION |
41 American Journal of Law & Medicine 331 (2015) |
Thousands of small dealers who are barely able to make a living . would be cut off from supplying their customers with milk, butter, [etc.], which they need for use on Sundays, causing them a very serious loss and great inconvenience to thousands of people . L.J. Callanan, grocer in New York City, March 16, 1903 In 1903, the New York state... |
2015 |
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| Liz Clark Rinehart |
ZONED FOR INJUSTICE: MOVING BEYOND ZONING AND MARKET-BASED LAND PRESERVATION TO ADDRESS RURAL POVERTY |
23 Georgetown Journal on Poverty Law and Policy 61 (Fall, 2015) |
C1-2Table of Contents Introduction. 62 I. The Distinct Problems of Rural Communities. 63 A. Environmental Challenges: The Myth of the Pristine Countryside. 64 1. Sprawl. 64 2. Agricultural Pollution. 66 B. Social and Economic Problems. 68 1. Demographics. 68 2. Children, Families, and Welfare Programs. 69 3. Jobs. 70 4. Financial Infrastructure and... |
2015 |
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| Daniel K. Lee |
A CENTURY OF UNCERTAINTY AND THE NEW POLITICS OF Indian WATER SETTLEMENTS: HOW TribES AND STATES CAN OVERCOME THE CHILLING EFFECT OF THE PAYGO ACT |
92 Oregon Law Review 625 (2014) |
Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B. One... |
2014 |
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| Jason Scott Johnston |
A POSITIVE POLITICAL ECONOMIC THEORY OF ENVIRONMENTAL FEDERALIZATION |
64 Case Western Reserve Law Review 1549 (Summer, 2014) |
This Article sets out a positive theory that explains the late twentieth-century federalization of American environmental law. On this theory, federalization occurred not because states had failed to regulate to reduce air and water pollution, but because older and heavily developed states moving toward such regulation gained a relative competitive... |
2014 |
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| Craig Anthony (Tony) Arnold |
ADAPTIVE WATER LAW |
62 University of Kansas Law Review 1043 (May, 2014) |
One of the most important questions concerning the governance of water resources in the U.S. is whether American water law regimes can become increasingly adaptive to changing conditions and sudden disturbances. Abundant evidence suggests that water law is non-adaptive or maladaptive. Many significant legal rules and processes governing water are... |
2014 |
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| Cathryn Copeland Wood |
AMERICA, LAND OF THE FREE AND HOME OF THE BULLIES: AN ARGUMENT FOR WORKPLACE BULLYING LAWS IN PROFESSIONAL SPORTS |
67 SMU Law Review 429 (Spring 2014) |
IT was the slur heard around the world when Miami Dolphins lineman Richie Incognito left a voicemail for his teammate, rookie offensive guard Jonathan Martin, calling him a half-n---piece of s---, saying he wanted to s---in [[Martin's] f---ing mouth, and threatening to kill him. Some rushed to Incognito's defense; the justifications ranged from... |
2014 |
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| Robert Hardaway |
AS THE WORLD WELCOMES ITS SEVEN BILLIONTH HUMAN: REFLECTIONS AND POPULATION, LAW, AND THE ENVIRONMENT |
13 Sustainable Development Law & Policy 4 (Winter, 2014) |
In the 1970s John Holdren, Barry Commoner, and Paul Ehrlich developed an equation for measuring the human ecological footprint: 1=PAT, where environmental impact (I) is equal to the product of population (P), affluence in the form of per capita consumption (A), and technology, or impact per unit of consumption (T). The case can be made that the... |
2014 |
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| Fatmata S. Kabia |
BEHIND THE MIRAGE IN THE DESERT--CUSTOMARY LAND RIGHTS AND THE LEGAL FRAMEWORK OF LAND GRABS |
47 Cornell International Law Journal 709 (Fall, 2014) |
Introduction. 710 I. Background: Bifurcated Legal System in Africa & the Investor Problem 713 A. Defining African Customary Law. 713 B. African Customary Law in the Common Law Context. 714 C. Land Grabs Reveal Endemic Problem of the Bifurcated Legal System. 715 D. Understanding the Participants in the African Land Grab. 716 II. Contrasting Land... |
2014 |
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| Richard Thompson Ford |
BIAS IN THE AIR: RETHINKING EMPLOYMENT DISCRIMINation LAW |
66 Stanford Law Review 1381 (June, 2014) |
Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... |
2014 |
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| Alice Kaswan |
CLIMATE ADAPTATION AND LAND USE GOVERNANCE: THE VERTICAL AXIS |
39 Columbia Journal of Environmental Law 390 (2014) |
Introduction. 391 I. Climate-Change Impacts and Land Use. 398 A. Climate-Change Impacts. 399 B. The Role of Land-Use Measures in Climate Adaptation. 403 C. The Status of Adaptation-Related Land-Use Measures. 407 1. Federal Adaptation-Related Land-Use Programs. 408 2. State and Local Adaptation-Related Land-Use Programs. 412 II. Federalism Values... |
2014 |
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| Jesse Reiblich , Christine A. Klein |
CLIMATE CHANGE AND WATER TRANSFERS |
41 Pepperdine Law Review 439 (March, 2014) |
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, countries that adopt a wait and see approach potentially risk the lives of their people, their ecosystems... |
2014 |
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| Oliver A. Houck |
COOPERATIVE FEDERALISM, NUTRIENTS, AND THE CLEAN WATER ACT: THREE CASES REVISITED |
44 Environmental Law Reporter News & Analysis 10426 (May, 2014) |
Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little about this relationship to chance. Nonetheless, the federal-state interplay goes on in as many venues as there are... |
2014 |
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| David Coventry Smith , Partner, Kilpatrick Townsend and Stockton LLP |
DEFENDING Indian LANDS AFTER CARCIERI |
2014 Aspatore 2326354 (April, 2014) |
The majority of Americans live in the misguided belief that depriving Indians of the ownership, use, and benefit of their lands was merely an unfortunate episode in American history, an artifact of a racist past. However, the fact remains that the challenges facing Indian nations in maintaining the sovereign right to control their own lands is no... |
2014 |
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| Richard L. Wiener, Sarah J. Gervais, Ena Brnjic, Gwenith D. Nuss , University of Nebraska, Lincoln |
DEHUMANIZATION OF OLDER PEOPLE: THE EVALUATION OF HOSTILE WORK ENVIRONMENTS |
20 Psychology, Public Policy, and Law 384 (November, 2014) |
This research examined how people judge hostile work environments in which members of a work setting derogate other workers because they are older and presumed to be incompetent based on a psycholegal model incorporating negative affect and dehumanization (Wiener, Gervais, Brnjic, & Nuss, 2014). Specifically, we conducted a study in which a... |
2014 |
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| Richard Delgado |
DELGADO'S DARKROOM: CRITICAL REFLECTIONS ON LAND TITLES AND LatinO LEGAL EDUCATION |
45 New Mexico Law Review 275 (Fall, 2014) |
Written in celebration of the life and achievements of Senator Dennis Chavez, this essay analyzes the intersection of two topics--civil rights and legal education--that lay close to the Senator's heart. A tireless crusader for justice who attended night law school at Georgetown in the 1920s and maintained a lifelong interest in legal education,... |
2014 |
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| Daniel Huizenga , York University |
DOCUMENTING "COMMUNITY" IN THE ≠ KHOMANI SAN LAND CLAIM IN SOUTH AFRICA |
37 PoLAR: Political and Legal Anthropology Review 145 (May, 2014) |
In this article I explore how documents created in support of khomani San land claimants, located in the southern Kalahari Desert, represent a specific way of knowing that contributes to a socio-legal construction of community. The documents that I use in this article have been authored by government organizations and NGOs, and compiled into a... |
2014 |
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| David Takacs |
ENVIRONMENTAL DEMOCRACY AND FOREST CARBON (REDD+) |
44 Environmental Law 71 (Winter 2014) |
Public funders and private investors are pouring billions of dollars into Reducing Emissions from Deforestation and forest Degradation (REDD+) in the developing world. In REDD+, investors pay people to preserve carbon in trees, and then sell credits based on the stored carbon to those who wish to offset their own greenhouse gas emissions. REDD+... |
2014 |
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| David E. Adelman |
ENVIRONMENTAL FEDERALISM WHEN NUMBERS MATTER MORE THAN SIZE |
32 UCLA Journal of Environmental Law & Policy 238 (2014) |
Two elements of the Clean Air Act are viewed as essential to its many successes: the health-based national ambient air quality standards (NAAQS), which restrict emissions of six widely released air pollutants, and the statute's hybrid form of cooperative federal-state regulation. This Article will show that these programs are far less important to... |
2014 |
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| Daniel L. Millimet |
ENVIRONMENTAL FEDERALISM: A SURVEY OF THE EMPIRICAL LITERATURE |
64 Case Western Reserve Law Review 1669 (Summer, 2014) |
Generally, the debate over environmental federalism strongly focuses on anecdotal evidence and intuition. Empirical facts have not been the focus of arguments concerning the optimal allocation of environmental authority. For example, the Tiebout model, which highlights the positive side of decentralization as jurisdictions efficiently compete for... |
2014 |
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| Todd S. Aagaard |
ENVIRONMENTAL LAW OUTSIDE THE CANON |
89 Indiana Law Journal 1239 (Summer, 2014) |
It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to... |
2014 |
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| Richard Lazarus |
ENVIRONMENTAL LAW WITHOUT CONGRESS |
30 Journal of Land Use & Environmental Law 15 (Fall 2014) |
I. Congressional Environmental Lawmaking During The Nation's Formative Years. 16 II. Congressional Role in Environmental Lawmaking During The Second Half of The Twentieth Century. 21 III. Congress's Role-Or Lack Thereof-Since 1990. 27 IV. Conclusion. 33 |
2014 |
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| Jing Jin |
E-WASTE & THE REGULATORY COMMONS: A PROPOSAL FOR THE DECENTRALIZATION OF INTERNationAL ENVIRONMENTAL REGULATION |
39 Brooklyn Journal of International Law 1251 (2014) |
In an isolated junkyard at the edges of Lagos, Nigeria, hundreds of laborers, including young children, pick apart remnants of discarded electronics to recover valuable minerals such as gold and copper. Unaware of the dangerous carcinogens and harmful chemicals that abound in the electronic waste (e-waste), these workers often burn the e-waste in... |
2014 |
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| Elizabeth Ann Kronk Warner |
EXAMINING TribAL ENVIRONMENTAL LAW |
39 Columbia Journal of Environmental Law 42 (2014) |
Introduction. 43 I. Catalysts for Tribal Environmental Law Development: Promoting Tribal Sovereignty and Responding to Emerging Environmental Concerns. 46 A. Tribal Sovereignty and Related Tribal Environmental Ethics. 46 B. Emerging Environmental Challenges: Adopting Environmental Protection Laws in Light of Natural Resource Development and Climate... |
2014 |
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| Anne Bellows |
HOLDING LOCAL GOVERNMENTS ACCOUNTABLE FOR ENVIRONMENTAL DISCRIMINation: THE PROMISE OF CALIFORNIA GOVERNMENT CODE § 65008 |
41 Ecology Law Quarterly 1 (2014) |
Local governments play a crucial role in distributing environmental harms and benefits--and all too often, they disproportionately impose environmental burdens on low-income neighborhoods and neighborhoods of color. The concentration of toxic uses and environmental risks in these communities poses a serious threat to residents' health and safety.... |
2014 |
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| Amy Cordalis , Daniel Cordalis |
Indian WATER RIGHTS: HOW ARIZONA v. CALIFORNIA LEFT AN UNWANTED CLOUD OVER THE COLORADO RIVER BASIN |
5 Arizona Journal of Environmental Law & Policy 333 (Fall, 2014) |
The Colorado River is one of the most important rivers in the world. The river's 1,400-mile journey from the Rocky Mountains to the Sea of Cortez takes on waters from seven states and from the reservations of twenty-eight Indian tribes along the way, 244,000 square miles of river basin in all. The Colorado River is also heavily managed: Its waters... |
2014 |
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| Megan Dooly |
INTERNationAL LAND GRABBING: HOW IOWA ANTI-CORPORATE FARMING AND ALIEN LANDOWNER LAWS, AS A MODEL, CAN DECREASE THE PRACTICE IN DEVELOPING COUNTRIES |
19 Drake Journal of Agricultural Law 305 (Fall 2014) |
I. Introduction. 306 II. The Basics of Land Grabbing. 307 A. Definition of Land Grabbing. 308 B. History of Land Grabbing. 310 1. In the United States. 310 2. Internationally. 313 C. Contextual Framework that Facilitates Land Grabbing. 314 D. Examples of Land Grabbing. 315 1. Private Companies as Land Buyer - North Sudan. 315 2. Governments as Land... |
2014 |
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| Jessica Scott |
MOVE, OR WAIT FOR THE FLOOD AND DIE: PROTECTION OF ENVIRONMENTALLY DISPLACED POPULATIONS THROUGH A NEW RELOCATION LAW |
9 Florida A & M University Law Review 369 (Spring, 2014) |
If we're still here in 10 years time we either wait for the flood and die, or just walk away and go someplace else. Colleen Swan, Kivalina Council Leader Introduction. 369 I. The Problem: Environmental Displacement. 371 II. Case Study: Kivalina. 375 III. Some Proposed International Solutions and Their Likelihood of Success. 377 IV. A Domestic... |
2014 |
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| Dr. Ranee Khooshie Lal Panjabi |
NOT A DROP TO SPARE: THE GLOBAL WATER CRISIS OF THE TWENTY-FIRST CENTURY |
42 Georgia Journal of International and Comparative Law 277 (2014) |
I. Introduction. 279 II. Water Pollution. 288 III. Water-Related Diseases. 297 IV. The Many Sources of Water. 301 V. Water Scarcity. 307 VI. Inequity in Availability of the Resource. 318 VII. Climate Change. 320 VIII. Water Transportation. 324 IX. Water Usage. 325 X. Biofuels. 328 XI. Irrigation in the Future. 331 XII. Inequitable Usage of Water.... |
2014 |
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| David Takacs |
PROTECTING YOUR ENVIRONMENT, EXACERBATING INJUSTICE: AVOIDING "MANDATE HAVENS" |
24 Duke Environmental Law and Policy Forum 315 (Spring, 2014) |
The story in the Business Day section of the New York Times begins, somewhat breathlessly: San Diego - In an unmarked greenhouse, leafy bushes carpet an acre of land here tucked into the suburban sprawl of Southern California. The seeds of the inedible, drought-resistant plants, called jatropha, produce a prize: high quality oil that can be... |
2014 |
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| Michael B. Jones , Peter J. Jacques |
RESPONDING TO ENVIRONMENTAL INJUSTICE: THE CIVIL RIGHTS ACT AND AMERICAN FEDERAL INSTITUTIONAL AND SYSTEMIC BARRIERS TO PRIVATE REDRESS OF DISPARATE ENVIRONMENTAL HARM |
9 Florida A & M University Law Review 417 (Spring, 2014) |
This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan... |
2014 |
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| Michael A. Livermore , Richard L. Revesz |
RETHINKING HEALTH-BASED ENVIRONMENTAL STANDARDS |
89 New York University Law Review 1184 (October, 2014) |
Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria.... |
2014 |
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| Henry N. Butler , Nathaniel J. Harris |
SUE, SETTLE, AND SHUT OUT THE STATES: DESTROYING THE ENVIRONMENTAL BENEFITS OF COOPERATIVE FEDERALISM |
37 Harvard Journal of Law & Public Policy 579 (Spring, 2014) |
Introduction. 580 I. The Background and Legal Standard for Sue-and-Settle Consent Orders. 587 A. General Consent Decree Doctrine. 588 B. Consent Decree Procedure for Government Entities. 590 C. Intervention Under Rule 24 and Joinder Under Rules 19 and 21. 592 D. Modification. 596 II. The Effect of Sue-and-Settle on Environmental Policy. 598 A.... |
2014 |
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| Jacquelyn A. Thomas |
THE FAILURE AND FUTURE OF LAKE OKEECHOBEE WATER RELEASES: A QUASI-GOVERNMENTAL SOLUTION |
42 Florida State University Law Review 285 (Fall, 2014) |
I. Introduction. 285 II. The History and Current Regime Surrounding the Lake Okeechobee Basin. 287 A. How Did We Get Here?. 287 B. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin. 290 III. Jurisdiction over Navigable Waterways. 291 A. The Case Law Defining Navigability. 292 B. The Clean Water Act. 294 IV. Federalism and... |
2014 |
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| Hari M. Osofsky |
THE GEOGRAPHY OF SOLVING GLOBAL ENVIRONMENTAL PROBLEMS: REFLECTIONS ON POLYCENTRIC EFFORTS TO ADDRESS CLIMATE CHANGE |
58 New York Law School Law Review 777 (2013/2014) |
In approaching the symposium topic of solving global environmental problems, I faced three dilemmas regarding the problem--climate change--that has occupied much of my time over the past several years. First, I do not regard it as global. While certainly climate change has global dimensions, which makes attempts to solve it through... |
2014 |
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| Ernest F. Lidge III |
THE NECESSITY OF EXPANDING PROTECTION FROM RETALIATION FOR EMPLOYEES WHO COMPLAIN ABOUT HOSTILE ENVIRONMENT HARASSMENT |
53 University of Louisville Law Review 39 (2014) |
Our nation's employment discrimination laws contain an inherent contradiction. The law imposes a greater duty on employees to complain when they have suffered from a discriminatory hostile environment than when they have been subjected to a discriminatory tangible employment action. However, the anti-retaliation laws, as a practical matter, provide... |
2014 |
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| Lane A. Johnson |
THE RACE THAT ISN'T: HOW INDUSTRY CAN ACTUALLY HELP DRIVE AN INTERNationAL TREND OF HEIGHTENED ENVIRONMENTAL REGULATION IN THE COPPER MINING INDUSTRY |
26 Georgetown International Environmental Law Review 327 (2014) |
On September 16, 2013, a large British mining company named Anglo American announced that it would be withdrawing from a controversial copper and gold mining project in Alaska after encountering a great deal of opposition from the Environmental Protection Agency (EPA) and environmental interest groups. There were concerns that the proposed mine... |
2014 |
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| Sara Gonzalez-Rothi Kronenthal |
THE RIPPLE EFFECT: HOW A LAWSUIT SEEKING CLEANER WATER MAY BE BACKFIRING |
3 LSU Journal of Energy Law & Resources 1 (Fall, 2014) |
Success in litigation requires more than a favorable order. For parties to achieve a desired outcome, forces outside the courtroom must not interfere with the legal victory. In 2009, conservation groups succeeded in negotiating a settlement that, on its face, seemed to promise cleaner water in Florida. However, a ripple of social and political... |
2014 |
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