AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Chelsea M. Keeton SHARING SUSTAINABILITY: PREVENTING INTERNationAL ENVIRONMENTAL INJUSTICE IN AN AGE OF REGULATION 48 Houston Law Review 1167 (Winter 2012) I. Introduction. 1168 II. The Pollution-Haven Hypothesis and the Advent of the U.S. Environmental Movement. 1171 A. The Pollution-Haven Hypothesis and Its Controversy. 1171 B. The Modern Environmental Movement in the United States. 1173 C. Evidence Surrounding the Hypothesis. 1176 D. The Other Side of the Pollution-Haven Hypothesis: Toxic Waste... 2012  
Louis J. Kotzé , Rebecca Bates SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA 15 University of Denver Water Law Review 221 (Spring 2012) I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... 2012  
Lincoln L. Davies STATE RENEWABLE PORTFOLIO STANDARDS: IS THERE A "RACE" AND IS IT "TO THE TOP"? 3 San Diego Journal of Climate & Energy Law 3 (2011-2012) I. Introduction. 4 II. Renewable Portfolio Standards. 10 A. The RPS. 13 B. RPS Design. 16 C. RPS Goals. 20 III. Regulatory Races. 24 A. Defining Regulatory Races. 24 B. Races to the Bottom. 30 C. Races to the Top. 38 IV. Conceptualizing RPS Races. 42 A. An Image. 43 B. A Mirror Image?. 44 V. Measuring RPS Races. 49 A. The Evidence. 50 B. Weighing... 2012  
Alex Geisinger THE BENEFITS OF DEVELOPMENT AND ENVIRONMENTAL INJUSTICE 37 Columbia Journal of Environmental Law 177 (2012) Introduction. 178 I. Environmental Injustice and Its Regulation. 180 A. Environmental Injustice and Its Causes. 180 B. Regulation of Environmental Injustice. 184 1. Non Civil-Rights-Based Federal Regulation. 184 2. Civil Rights Law. 187 a. Title VI Regulation. 187 b. Private Rights of Action. 189 II. The Development Myth and Its Implications. 191... 2012  
Daniel A. Farber THE BP BLOWOUT AND THE SOCIAL AND ENVIRONMENTAL EROSION OF THE LOUISIANA COAST 13 Minnesota Journal of Law, Science & Technology 37 (Winter 2012) There, shockingly, along the grassy bayou bank, I can now make out a dozen or so old tombs, all in different stages of submersion, tumbling brick by brick into the bayou water . . . . The bayou is swallowing the dead here. This quote comes from a book, whose subtitle says it all: The Rich Life and Tragic Death of Louisiana's Cajun Coast. The... 2012  
Nicholas A. Fromherz THE CASE FOR A GLOBAL TREATY ON SOIL CONSERVATION, SUSTAINABLE FARMING, AND THE PRESERVATION OF AGRARIAN CULTURE 39 Ecology Law Quarterly 57 (2012) Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... 2012  
Tom I. Romero, II J.D., PH.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS 15 University of Denver Water Law Review 329 (Spring 2012) Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 2012  
Hari M. Osofsky, University of Minnesota Law School THE OXFORD HANDBOOK OF INTERNationAL ENVIRONMENTAL LAW. EDITED BY DANIEL BODANSKY, JUTTA BRUNNÉE, AND ELLEN HEY. OXFORD, NEW YORK: OXFORD UNIVERSITY PRESS, 2007. PP. XXVIII, 1080. INDEX. $225, £99, CLOTH; $98.50, £44, PAPER 106 American Journal of International Law 715 (July, 2012) The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey, makes an important contribution to conceptualizing international environmental law as a distinct field and to exploring its contours. The book's editors are leading international law scholars with substantial backgrounds on the topic:... 2012  
Alexander Kazazis THE WESTERN CLIMATE INITIATIVE: THE FATE OF AN EXPERIMENT IN SUBNationAL CROSS-BORDER ENVIRONMENTAL COLLABORATION 37 Brooklyn Journal of International Law 1177 (2012) The atmospheric concentrations of greenhouse gases--chiefly carbon dioxide, methane, and nitrous oxide--are rising due to human activity. As their concentrations increase, the gases trap more solar heat, causing a gradual warming of the earth's climate system. Absent a change in policy, experts project that greenhouse gas (GHG) emissions will... 2012  
Hallie L. Shipley THE WTI INCINERATOR: THE RCRA CITIZEN SUIT AND THE EMERGENCE OF ENVIRONMENTAL HUMAN RIGHTS 2 Global Business Law Review 193 (Spring, 2012) The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA Citizen suit provision, barring any... 2012  
Kathleen Bonner TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF "ENVIRONMENTALLY-FRIENDLY" INITIATIVES 23 Villanova Environmental Law Journal 89 (2012) In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As... 2012  
Cameron Jefferies UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY 33 Energy Law Journal 75 (2012) I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... 2012  
Marcy Nicks Moody WARNING: MAY CAUSE WARMING 65 Vanderbilt Law Review 1401 (October, 2012) I. Supermarket Semantics. 1402 II. The Architecture of Global Trade. 1404 A. A Brief History of the WTO. 1404 B. Gaps in Trade Governance: The Case of the Environment. 1411 C. The Gap Fillers: Private Environmental Governance. 1414 III. Edges of the Architecture: WTO's Jurisdictional Analysis. 1416 A. Basis of the Dispute. 1416 1. Violations,... 2012  
Michael A. Livermore CAN COST-BENEFIT ANALYSIS OF ENVIRONMENTAL POLICY GO GLOBAL? 19 New York University Environmental Law Journal 146 (2011) The use of cost-benefit analysis of environmental policy is spreading from the United States, where it has the longest tradition, to other parts of the globe. Already firmly rooted in Europe and other advanced economies, cost-benefit analysis is becoming more prevalent in developing countries as a way to evaluate environmental regulation.... 2011  
Robert V. Percival CHINA'S "GREEN LEAP FORWARD" TOWARD GLOBAL ENVIRONMENTAL LEADERSHIP 12 Vermont Journal of Environmental Law 633 (Spring, 2011) Introduction .. 633 I. Chairman Mao's War Against Nature. 636 II. China's Twenty-First Century Green Leap Forward. 639 A. Strengthening Chinese Environmental and Natural Resource Policies. 639 B. Promoting Greater Environmental Transparency. 641 C. Developing Green Technology. 646 D. China's Twelfth Five Year Plan: The Green Leap Forward. 649... 2011  
Keith Schneider , Jennifer L. Turner , Aaron Jaffe , Nadya Ivanova CHOKE POINT CHINA: CONFRONTING WATER SCARCITY AND ENERGY DEMAND IN THE WORLD'S LARGEST COUNTRY 12 Vermont Journal of Environmental Law 713 (Spring, 2011) Introduction .. 714 I. Growth Versus Water Resources. 715 A. Ruinous Confrontation?. 715 B. Choke Points Do Not Slow Rapid GDP Growth Goals. 718 II. Evading Water and Energy Choke Points for Now. 718 A. Ambitious Water Conservation Measures. 718 B. Energy Conservation Equals Water Conservation. 720 III. Unrivaled Plans to Move Water to Tap Coal... 2011  
Laura A. W. Pratt DECREASING DIRTY DUMPING? A REEVALUATION OF TOXIC WASTE COLONIALISM AND THE GLOBAL MANAGEMENT OF TRANSBOUNDARY HAZARDOUS WASTE 41 Texas Environmental Law Journal 147 (Winter 2011) Introduction. 148 I. Toxic Waste Colonialism Overview. 151 A. What's in a Name?. 151 B. Causes. 153 1. Global Increase of Hazardous Waste Production. 153 2. Economic Pressures. 154 II. Historical Development of the Global Management of Transboundary Hazardous Waste. 156 A. Background to Basel. 156 B. The Basel Convention. 158 1. Definitions. 159 2.... 2011  
Gregg P. Macey ENVIRONMENTAL CRISIS AND THE PARADOX OF ORGANIZING 2011 Brigham Young University Law Review 2063 (2011) Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public... 2011  
Victor B. Flatt, Paul M. Collins Jr. ENVIRONMENTAL ENFORCEMENT IN DIRE STRAITS: THERE IS NO PROTECTION FOR NOTHING AND NO DATA FOR FREE 41 Environmental Law Reporter News & Analysis 10679 (August, 2011) While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we approach the fortieth anniversary of modern environmental law, the answer to this $64 billion question still is not clear.... 2011  
Craig Anthony (Tony) Arnold FOURTH-GENERATION ENVIRONMENTAL LAW: INTEGRATIONIST AND MULTIMODAL 35 William and Mary Environmental Law and Policy Review 771 (Spring, 2011) Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are... 2011  
Dorceta E. Taylor GREEN JOBS AND THE POTENTIAL TO DIVERSIFY THE ENVIRONMENTAL WORKFORCE 31 Utah Environmental Law Review 47 (2011) At the apogee of the 2008 election cycle not a day passed without mention of green jobs or green collar workers. In fact, one of the most enduring slogans of the campaign was Jobs, baby, jobs. What was intriguing about this slogan was that it was a call for green jobs, but the term green collar is not new. As early as 1976, Professor Patrick... 2011  
Rhett B. Larson HOLY WATER AND HUMAN RIGHTS: IndigenOUS PEOPLES' RELIGIOUS-RIGHTS CLAIMS TO WATER RESOURCES 2 Arizona Journal of Environmental Law & Policy 81 (Fall 2011) Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of... 2011  
Erin B. Agee IN THE FEDERAL GOVERNMENT WE TRUST? FEDERAL FUNDING FOR TribAL WATER RIGHTS SETTLEMENTS AND THE TAOS PUEBLO Indian WATER RIGHTS SETTLEMENT ACT 21 Cornell Journal of Law & Public Policy 201 (Fall 2011) Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... 2011  
Inter-American Commission on Human Rights IndigenOUS AND TribAL PEOPLES' RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: NORMS AND JURISPRUDENCE OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM 35 American Indian Law Review 263 (2010-2011) I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011  
Elisabeth Wickeri LAND IS LIFE, LAND IS POWER : LANDLESSNESS, EXCLUSION, AND DEPRIVATION IN NEPAL 34 Fordham International Law Journal 930 (April, 2011) INTRODUCTION. 932 I. LEGAL AND POLITICAL CONTEXT OF LAND RIGHTS IN NEPAL. 937 A. Overview. 938 B. Nepal's International Obligations. 940 C. Codified Discrimination. 945 D. Land and Property in Nepali Law. 949 1. The Traditional Legal Framework: State Landlordism. 949 a. Overview of the Raikar System. 949 b. Tenants Rights. 952 c. Bonded Labor. 953... 2011  
Shelley Ross Saxer MANAGING WATER RIGHTS USING FISHING RIGHTS AS A MODEL 95 Marquette Law Review 91 (Fall 2011) Water sustains life. Living creatures, plants, and habitats compete for sustenance, while the relationships among these interests intertwine when we view water from the human lens. Water supports fish, and fish provide culture, beauty, and nutrition. Water also supports natural habitats, plant life, living creatures, and crops to feed the world.... 2011  
Katie Zaunbrecher PAC RIM CAYMAN V. REPUBLIC OF EL SALVADOR: CONFRONTING FREE TRADE'S CHILLING EFFECT ON ENVIRONMENTAL PROGRESS IN Latin AMERICA 33 Houston Journal of International Law 489 (Spring 2011) Because of the disparity of environmental regulation between the United States and its southern neighbors, multinational corporations have long viewed the resource-rich countries of Central America as attractive locations for factories and extractive industry. However, as liberal democracy has gradually penetrated the region in the post-Cold War... 2011  
Bernadette Atuahene PAYING FOR THE PAST: REDRESSING THE LEGACY OF LAND DISPOSSESSION IN SOUTH AFRICA 45 Law and Society Review 955 (December, 2011) The constitution of South Africa mandates equitable redress for individuals and communities evicted from their properties during colonialism and apartheid. The Commission on Restitution of Land Rights' institution-wide assumption is that the financial awards given as equitable redress had no long-term economic impact on recipients because the money... 2011  
David C. Baldus , Catherine M. Grosso , George Woodworth , Richard Newell RACIAL DISCRIMINation IN THE ADMINISTRATION OF THE DEATH PENALTY: THE EXPERIENCE OF THE UNITED STATES ARMED FORCES (1984-2005) 101 Journal of Criminal Law and Criminology 1227 (Fall 2011) This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005. Our database includes military prosecutions in all potentially death-eligible cases known to us (n = 105) during that time period. Over the last thirty years, studies of state death-penalty... 2011  
John C. Hoelle RE-EVALUATING TribAL CUSTOMS OF LAND USE RIGHTS 82 University of Colorado Law Review 551 (Spring 2011) Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land... 2011  
Richard Grosso REGULatinG FOR SUSTAINABILITY: THE LEGALITY OF CARRYING CAPACITY-BASED ENVIRONMENTAL AND LAND USE PERMITTING DECISIONS 35 Nova Law Review 711 (Summer, 2011) I. Introduction. 713 II. Legal Framework in Florida Law for Ecological and Fiscal Sustainability. 715 A. The Florida Constitution. 717 B. Private Property Rights. 717 C. Florida Law Protecting Wetlands and Water Quality and Quantity. 718 1. Environmental Resource Permit Laws: Chapter 373 of the Florida Statutes. 718 a. The Environmental Resource... 2011  
Delivered by: Gwendolyn Keyes Fleming REMARKS TO THE FLORIDA A&M UNIVERSITY COLLEGE OF LAW ENVIRONMENTAL LAW AND JUSTICE SYMPOSIUM 6 Florida A & M University Law Review 191 (Spring 2011) I have spent much of my 17-year professional life protecting communities and children against crime so it is especially pleasing to see that FAMU has joined with the Florida Department of Juvenile Justice to open the Juvenile Justice Research Institute. An Institute aimed at identifying research, implementing cutting edge juvenile justice services... 2011  
Daniel Farber SYMPOSIUM INTRODUCTION: NAVIGATING THE INTERSECTION OF ENVIRONMENTAL LAW AND DISASTER LAW 2011 Brigham Young University Law Review 1783 (2011) In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between... 2011  
Tom I. Romero, II J.D., Ph.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW & POLICY IN TEN STANZAS 1 University of Miami Race & Social Justice Law Review 107 (2011) I speak as a historian, a recorder of events with a sour stomach. I have no love for memories of the past. - Oscar Zeta Acosta, The Autobiography of a Brown Buffalo Once recognized as the fiercest beasts roaming the wild open wetlands of Asia, water buffalos earned their reputation as aggressive warriors able to travel long distances and engage... 2011  
Olivier De Schutter THE GREEN RUSH: THE GLOBAL RACE FOR FARMLAND AND THE RIGHTS OF LAND USERS 52 Harvard International Law Journal 503 (Summer 2011) Introduction. 504 I. The Relationship between States and Markets in Agriculture: A Brief History. 508 II. The New Competition for Land. 520 III. The Threats to the Rights of Land Users. 524 A. The Protection of Land Users from Eviction: Two Approaches to Security of Tenure. 525 B. Protecting Communal Rights. 533 C. The Decentralized Management of... 2011  
Blake A. Watson THE IMPACT OF THE AMERICAN DOCTRINE OF DISCOVERY ON NATIVE LAND RIGHTS IN AUSTRALIA, CANADA, AND NEW ZEALAND 34 Seattle University Law Review 507 (Winter, 2011) The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Justice John Marshall. The Supreme Court in Johnson unequivocally rejected the most favorable view of indigenous land rights--that the native inhabitants own the land they occupy and are free to retain or sell their... 2011  
D. Kapua'ala Sproat WAI THROUGH KNWAI: WATER FOR HAWAI'I'S STREAMS AND JUSTICE FOR HAWAIIAN COMMUNITIES 95 Marquette Law Review 127 (Fall 2011) Kaulana N Wai Eh: Famous are the Four Great Waters of Waihee River, and Waiehu, ao, and Waikap Streams in the heart of Central Maui. Since time immemorial, Knaka Maoli (Native Hawaiians) revered the abundance of fresh water in Hawaii's rivers and streams, including N Wai Eh, as a physical embodiment of Kneikawaiola, a gift from the... 2011  
Hong Lan , Michael A. Livermore , Craig A. Wenner WATER POLLUTION AND REGULATORY COOPERATION IN CHINA 44 Cornell International Law Journal 349 (Spring 2011) 350 Introduction. 350 I. Subnational Autonomy and the Post-Reform Economic Expansion. 354 A. Decentralization. 354 B. The Market-Preserving Federalism Hypothesis. 356 C. The Bureaucratic Incentive Hypothesis. 357 II. Center-Local Dynamics in the Chinese Water Pollution Context. 359 A. Decentralization of Water Pollution Authority. 359... 2011  
Joseph Norris WATER: BEYOND DAMS AND DIVERSIONS 14 University of Denver Water Law Review 428 (Spring, 2011) [A Panel Session Sponsored by the University of Denver Water Law Review] As moderator for the panel discussion, Peter Pollock of the Lincoln Institute of Land Policy posed the question of how we get beyond the current solutions to water management and land use in the West when there is such a poor link between the two. Water conservation, new... 2011  
Robert J. Tepper , Craig G. White WORKPLACE HARASSMENT IN THE ACADEMIC ENVIRONMENT 56 Saint Louis University Law Journal 81 (Fall 2011) Over the last decade, claims of workplace harassment have received greater attention. Sometimes called workplace bullying, such harassment is commonly defined as behavior by a perpetrator that may involve repeated verbal abuse, offensive conduct that may threaten, humiliate, or intimidate a target, or efforts to sabotage a target's performance.... 2011  
David A. Elder, Regents Professor of Law "HOSTILE ENVIRONMENT" CHARGES AND THE ABA/AALS ACCREDITATION/MEMBERSHIP IMBROGLIO, POST-MODERNISM'S "NO COUNTRY FOR OLD MEN": WHY DEFAMED LAW PROFESSORS SHOULD "NOT GO GENTLE INTO THAT GOOD NIGHT" 6 Rutgers Journal of Law & Public Policy 434 (Spring, 2009) With time the fury has subsided but the feelings from Chase's own twenty-first century version of 1984 remain vivid - the shock and humiliation of being portrayed by the ABA and AALS as one of the group of male faculty creating a pervasive hostile environment is an experience I would wish on no one. How did this wretched scenario come about?... 2009  
Sophie Theriault "NORTHERN FRONTIER, NORTHERN HOMELAND": INUIT PEOPLE'S FOOD SECURITY IN THE AGE OF CLIMATE CHANGE AND ARCTIC MELTING 15 Southwestern Journal of International Law 223 (2009) Effective policy-making for the Arctic requires recognition that the Arctic is not an empty box. . . . It is also Inuit Nunaat--the Inuit homeland within Canada. A sensible plan of action must be conceived and delivered in genuine, not token, partnership with Inuit. Canada has a choice when it comes to defending our sovereignty over the Arctic.... 2009  
Bryan J. Harrison A "CHILLING" EFFECT? -- GEOPOLITICAL INCENTIVIZING AND THE ENVIRONMENTAL RAMIFICATIONS FOR THE ARCTIC REGION 17 University of Miami International and Comparative Law Review 67 (Fall, 2009) I. Introduction. 67 II. Historical and Theoretical Context for Recent Arctic Developments. 69 III. Lessons from Antarctica's Madrid Protocol Applied to International Arctic Policy. 76 IV. Current Geopolitics and the Northwest Pasage. 81 V. Future Implications. 88 VI. Conclusion. 90 2009  
Robert M. Kibugi A FAILED LAND USE LEGAL AND POLICY FRAMEWORK FOR THE AFRICAN COMMONS?: REVIEWING RANGELAND GOVERNANCE IN KENYA 24 Journal of Land Use & Environmental Law 309 (Spring, 2009) The governance of natural resources remains a complicated task globally. The most perplexing element of this task is the reality that natural resources are finite and that there is increasing competition between resource uses and users. Government missteps regarding natural resources can thus create inequity, discrimination, poverty, and... 2009  
  A FEDERAL PUBLIC LANDS AGENDA FOR THE 21ST CENTURY 30 Public Land & Resources Law Review 1 (2009) National Advisory Board Public Land and Resources Law Review School of Law, University of Montana Terry L. Anderson Executive Director, Political Economy Research Center Senior Fellow, Hoover Institution, Stanford University Raymond Cross Professor of Law University of Montana School of Law Steve Doherty Co-Chair, Progressive States Network... 2009  
Nicole C. Salamander A HALF FULL CIRCLE: THE RESERVED RIGHTS DOCTRINE AND TRIBAL REACQUIRED LANDS 12 University of Denver Water Law Review 333 (Spring, 2009) INTRODUCTION. 334 I. CONGRESSIONAL PLENARY POWER. 335 A. A Brief History of Federal Indian Policy. 336 B. A Closer Look at the General Allotment Act of 1887. 338 II. TYPES OF LAND AFFECTING INDIAN INTERESTS AND RIGHTS. 340 III. BASIC RULES ABOUT WATER FOR INDIAN LANDS: THE RESERVED RIGHTS DOCTRINE. 342 IV. THE BEGINNING OF WATER RIGHTS FOR... 2009  
Oscar Omar Salazar-Duran A HUMAN RIGHTS APPROACH TO CORPORATE ACCOUNTABILITY AND ENVIRONMENTAL LITIGATION 43 University of San Francisco Law Review 733 (Winter 2009) THE RIGHT TO A HEALTHY environment is a developing legal standard that is currently implemented in regional human rights conventions and national constitutions. This Comment will discuss how recognizing the environment as a human right will change the adjudication of environmental cases, mechanisms, and remedies available for environmental rights... 2009  
Peter Zwick A REDEEMABLE LOSS: LYNG, LOWER COURTS AND AMERICAN INDIAN FREE EXERCISE ON PUBLIC LANDS 60 Case Western Reserve Law Review 241 (Fall, 2009) Rising above Arizona's desert plains, the San Francisco Peaks reach higher than any other mountain range in the state. Named in honor of the medieval Italian Francis of Assisi a man venerated by the Catholic Church as the patron saint of animals and the environment the string of ancient volcanic summits contains impressive biological diversity... 2009  
Mary Christina Wood ADVANCING THE SOVEREIGN TRUST OF GOVERNMENT TO SAFEGUARD THE ENVIRONMENT FOR PRESENT AND FUTURE GENERATIONS (PART I): ECOLOGICAL REALISM AND THE NEED FOR A PARADIGM SHIFT 39 Environmental Law 43 (Winter 2009) Modern environmental law has proved a colossal failure, despite the good intentions and the hard work of many citizens, lawyers, and government officials. Notwithstanding the most extensive and complex set of legal mandates the world has ever known, government is driving runaway greenhouse gas emissions and resource depletion. Agencies use the... 2009  
Mary Christina Wood ADVANCING THE SOVEREIGN TRUST OF GOVERNMENT TO SAFEGUARD THE ENVIRONMENT FOR PRESENT AND FUTURE GENERATIONS (PART II): INSTILLING A FIDUCIARY OBLIGATION IN GOVERNANCE 39 Environmental Law 91 (Winter 2009) This Article is the second part of a two-part work that highlights the fiduciary obligation of government emanating from the public trust doctrine of environmental law. This Part explores the measurable standards of performance for protecting vital natural assets in the people's trust as carried out within the modern framework of administrative... 2009  
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