Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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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AIR QUALITY |
2009 ABA Environment, Energy, and Resources Law: The Year in Review 7 (2009) |
In Ariz. Pub. Serv. Co. v. Envtl. Protection Agency (EPA), environmental and industry petitioners challenged a source-specific federal implementation plan for a coal-fired power facility on the Navajo Reservation in northwest New Mexico. Environmental petitioners argued that EPA's federal plan, which was enacted under the Tribal Authority Rule... |
2009 |
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ALIENATION OF HAWAIIAN LAND |
123 Harvard Law Review 302 (November, 2009) |
In recent years, the United States has apologized for some of the unfortunate aspects of its history. Since 1988, Congress has passed resolutions apologizing for the internment of Japanese-Americans, for the U.S. role in overthrowing the Kingdom of Hawaii, and for slavery and racial segregation. A proposed congressional apology to Native Americans... |
2009 |
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Mary Beth West |
ARCTIC WARMING: ENVIRONMENTAL, HUMAN, AND SECURITY IMPLICATIONS |
42 Vanderbilt Journal of Transnational Law 1081 (October, 2009) |
Arctic warming has myriad implications for the Arctic environment, residents, and nations. Although definitive predictions are difficult, without question the scope and rapidity of change will test the adaptive capacities of the Arctic environment as well as its residents. Warming is affecting marine ecosystems and marine life, terrestrial... |
2009 |
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Sonja Schiller |
AVOIDING THE PROBLEM OF THE COMMONS IN A COMMUNIST SOCIETY: THE ROLE OF WATER RIGHTS IN THE ENFORCEMENT OF ENVIRONMENTAL LAW IN CHINA |
29 Washington University Journal of Law and Policy 349 (2009) |
Since the initiation of Deng Xiaoping's policy of reform and opening (gaige kaifang) over twenty years ago, extraordinary rates of urbanization and industrialization have dramatically impacted China's gross domestic product (GDP) and demographics. Between 1978 and 2005, China's GDP grew an average of 9.4% annually, boosting the economy from the... |
2009 |
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Gia Schneider, William L. Thomas, Benjamin Vitale |
BANKING ON THE ENVIRONMENT: PROFITING FROM INVESTMENT IN REDD |
24-SUM Natural Resources & Environment 14 (Summer, 2009) |
The combined threats associated with climate change and biodiversity loss call for a deeper commitment of resources and investment from both public and private-sector sources. They call for thoughtful use of incentives and other policy instruments that harness market forces, including meaningful measures to reduce greenhouse gas emissions from... |
2009 |
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Matthew Murphy |
BETTING THE RANCHERIA: ENVIRONMENTAL PROTECTIONS AS BARGAINING CHIPS UNDER THE INDIAN GAMING REGULATORY ACT |
36 Boston College Environmental Affairs Law Review 171 (2009) |
Abstract: In 2005, the State of California and the Big Lagoon Rancheria American Indian Tribe reached an agreement whereby the tribe agreed to forego development plans for a casino on environmentally sensitive lands in exchange for the right to build a casino in Barstow, California. In January 2008, the Department of the Interior denied the... |
2009 |
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Mary E. Footer |
BITS AND PIECES: SOCIAL AND ENVIRONMENTAL PROTECTION IN THE REGULATION OF FOREIGN INVESTMENT |
18 Michigan State Journal of International Law 33 (2009) |
I. Introduction. 33 II. Investor Protection Versus Social and Environmental Protection. 36 A. Trends in First and Second Generation Investment Instruments. 37 B. Towards Social and Environmental Protection Through Investment Arbitration. 39 C. Modeling Social and Environmental Protection Clauses in Third Generation Investment Instruments. 42 III.... |
2009 |
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Andrew P. Morriss , Roger E. Meiners |
BORDERS AND THE ENVIRONMENT |
39 Environmental Law 141 (Winter 2009) |
Despite regular acknowledgement of the interconnectedness of global ecosystems, government policies at the national level focus on environmental problems within their borders. As a result, the level of public and private resources expended on environmental protection in rich and poor countries is dramatically different on both a per capita and an... |
2009 |
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Faith R. Rivers |
BRIDGING THE BLACK-GREEN-WHITE DIVIDE: THE IMPACT OF DIVERSITY IN ENVIRONMENTAL NONPROFIT ORGANIZATIONS |
33 William and Mary Environmental Law and Policy Review 449 (Winter, 2009) |
Nonprofit organizations have been the lifeblood of the environmental movement. While charitable organizations have played an important role in the evolution of American society for centuries, environmental nonprofits are a relatively new development. These organizations, and the governmental policies that support and encourage the charitable sector... |
2009 |
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Adrienne Lyles-Chockley |
BUILDING LIVABLE PLACES: THE IMPORTANCE OF LANDSCAPE IN URBAN LAND USE, PLANNING, AND DEVELOPMENT |
16 Buffalo Environmental Law Journal 95 (2008-2009) |
C1-2Table of Contents I. A History of Landscape Policy. 97 II. Landscape Architecture is a Necessary Urban Planning Consideration. 100 A. Landscape Architecture and Social Consciousness. 101 B. Reconciliation of environmental considerations and low-income housing development. 103 C. Landscape Architecture for Crime Prevention. 105 III. Landscape as... |
2009 |
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Dr. Konstantia Koutouki , Dr. Natasha Lyons |
CANADIAN INUIT SPEAK TO CLIMATE CHANGE: INUIT PERCEPTIONS ON THE ADAPTABILITY OF LAND CLAIMS AGREEMENTS TO ACCOMMODATE ENVIRONMENTAL CHANGE |
27 Wisconsin International Law Journal 516 (Fall 2009) |
In recent decades, Inuit, Dene, and other Aboriginal peoples have entered into detailed land claims agreements in the Canadian North. These include both specific and comprehensive claims. Specific claims concern specific grievances that Aboriginal groups have against the Canadian state, and usually relate to land and resource management based on... |
2009 |
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Patrick J. McDonald |
CERQUEIRA V. AMERICAN AIRLINES: WHAT ARE THE APPROPRIATE LIMITS OF AN AIR CARRIER'S PERMISSIVE REFUSAL POWER? |
20 George Mason University Civil Rights Law Journal 111 (Fall 2009) |
Suppose you are a businessman with an unfortunate personality trait: Flying makes you nervous. Although you often travel the country aboard an aircraft, flying never gets any easier. It is next to impossible to hide your anxiety while you await takeoff. You always pay close attention to the safety presentation and make sure to obey each and every... |
2009 |
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Darcey J. Goelz |
CHINA'S ENVIRONMENTAL PROBLEMS: IS A SPECIALIZED COURT THE SOLUTION? |
18 Pacific Rim Law & Policy Journal 155 (January, 2009) |
Abstract: China's economic growth has come at a high price: environmental and natural resource destruction. Presently, China's legal system is not prepared to protect China's environmental resources. China's State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the... |
2009 |
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David Evans |
CLEAN WATER ACT §404 ASSUMPTION: WHAT IS IT, HOW DOES IT WORK, AND WHAT ARE THE BENEFITS? |
39 Environmental Law Reporter News & Analysis 10359 (May, 2009) |
In my capacity as Director of the U.S. Environmental Protection Agency's (EPA's) Wetlands program, I oversee efforts to enhance state and tribal wetlands programs, including state and tribal assumption of the Clean Water Act (CWA) §404 program (§404 Assumption). As such, I feel it is my responsibility to clarify the requirements, oversight, and... |
2009 |
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Daniel A. Farber |
CLIMATE ADAPTATION AND FEDERALISM: MAPPING THE ISSUES |
1 San Diego Journal of Climate & Energy Law 259 (2009) |
I. A Short Introduction to Climate Adaptation. 261 II. Setting Adaptation Standards: The Analogy to Environmental Regulation. 265 III. Financing Adaptation Efforts. 269 A. State Funding Under the Beneficiary Pays Principle. 269 B. Federal Funding and the Public Pays Principle. 272 IV. Constitutional Federalism and Adaptation. 274 A. Federal... |
2009 |
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Gaim Kibreab |
CLIMATE CHANGE AND HUMAN MIGRATION: A TENUOUS RELATIONSHIP? |
20 Fordham Environmental Law Review 357 (Symposium 2009) |
The 2007 report of the Intergovernmental Panel on Climate Change (IPCC), a panel of international experts created to assess the current scientific knowledge on climate, confirmed its earlier predictions that the earth's climate system is warming at an unprecedented level (see also Fig. 1). The panel's conclusions were derived from growing... |
2009 |
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John H. Knox |
CLIMATE CHANGE AND HUMAN RIGHTS LAW |
50 Virginia Journal of International Law 163 (Fall 2009) |
Introduction. 164 I. The Human Rights Law of Environmental Protection. 168 A. Environmental Duties Arising from Civil and Political Rights. 169 1. Duties to Regulate State and Private Conduct. 170 2. Procedural and Substantive Standards. 173 B. Environmental Duties Arising from Economic, Social, and Cultural Rights. 176 1. Duties to Regulate State... |
2009 |
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Alice Kaswan |
CLIMATE CHANGE, CONSUMPTION, AND CITIES |
36 Fordham Urban Law Journal 253 (February, 2009) |
Introduction. 254 I. Beyond Symptoms: Addressing Consumption. 255 A. Land Use and Transportation. 258 B. Buildings and Energy Consumption. 266 II. The Limits of Existing Federal Initiatives. 269 A. Proposed Federal Legislation. 269 B. The Limited Role of the Market in Reducing VMT. 271 C. The Limited Role of the Market in Increasing Building... |
2009 |
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Sumudu Atapattu |
CLIMATE CHANGE, HUMAN RIGHTS, AND FORCED MIGRATION: IMPLICATIONS FOR INTERNATIONAL LAW |
27 Wisconsin International Law Journal 607 (Fall 2009) |
Climate change has been identified as the defining human development issue of our generation and possibly the biggest humanitarian and economic challenge that the developing world will have to face in the coming decades. The Intergovernmental Panel on Climate Change (IPCC) recognized unequivocally in its 4 report that global greenhouse gas... |
2009 |
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Rebecca Tsosie |
CLIMATE CHANGE, SUSTAINABILITY AND GLOBALIZATION: CHARTING THE FUTURE OF INDIGENOUS ENVIRONMENTAL SELF-DETERMINATION |
4 Environmental & Energy Law & Policy Journal 188 (Fall 2009) |
I. Introduction. 189 II. The Politics of Climate Change within International and Domestic Governance Structures. 195 A. The International Regime. 196 B. The Domestic Arena. 199 C. Summary and Recommendations for Action. 202 1. International Human Rights Law. 202 2. Domestic Law. 204 III. The Tribal Arena: Energy Development and Native Nations. 208... |
2009 |
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Neil Craik , Joseph F.C. Dimento |
CLIMATE LAW AND POLICY IN NORTH AMERICA: PROSPECTS FOR REGIONALISM |
1 San Diego Journal of Climate & Energy Law 195 (2009) |
I. Introduction. 196 II. Context: Multi-level and Multi-track Climate-Change Governance. 197 III. The Existing Governance Landscape: Climate Change Commitments and Policies. 202 A. North American GHG Emissions. 202 B. International Commitments and Programs. 205 C. Domestic Policies. 213 IV. Prospects for North American Regional Cooperation. 218 A.... |
2009 |
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James L. Huffman |
COMPREHENSIVE RIVER BASIN MANAGEMENT: THE LIMITS OF COLLABORATIVE, STAKEHOLDER-BASED, WATER GOVERNANCE |
49 Natural Resources Journal 117 (Winter, 2009) |
The allocation of scarce, freshwater resources is complicated by the transboundary nature of most significant surface water sources. These jurisdictional challenges exist across national borders and within federal nations like the United States. An obvious and long advocated solution is the creation of river basin authorities to bridge... |
2009 |
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Roda Mushkat |
CONTEXTUALIZING ENVIRONMENTAL HUMAN RIGHTS: A RELATIVIST PERSPECTIVE |
26 Pace Environmental Law Review 119 (Winter 2009) |
The global environment continues to deteriorate, a phenomenon which manifests itself in virtually every sphere featuring interaction between man and nature. The full scale of this deterioration may not be fully apparent because of the long time lag between the emergence of environmental problems and their recognition. The extent of damage, actual... |
2009 |
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Andrea Laura Mackielo |
CORE RULES OF INTERNATIONAL ENVIRONMENTAL LAW |
16 ILSA Journal of International and Comparative Law 257 (Fall, 2009) |
I. L2-4,T4Introduction 257 II. L2-4,T4Different Regimes of Responsibility: Their Application in Light of the Specific Nature 258 III. L2-4,T4The Specific Content of the Substantive Environmental Law Obligations: The Obligation Not to Cause Damage to the Environment 262 A. L3-4,T4The Teachings of Most Prominent Scholars 262. B. L3-4,T4The Obligation... |
2009 |
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Li-Wen Lin |
CORPORATE SOCIAL AND ENVIRONMENTAL DISCLOSURE IN EMERGING SECURITIES MARKETS |
35 North Carolina Journal of International Law and Commercial Regulation 1 (Fall 2009) |
I. Introduction. 1 II. Socially Responsible Investing and CSE Disclosure. 5 III. The Current Condition of CSE Disclosure Practices in Emerging Securities Markets. 12 IV. The Regulatory Development of CSE Disclosure in Emerging Securities Markets. 15 A. South Africa. 15 B. Malaysia. 17 C. China. 18 D. Taiwan. 22 E. Thailand. 23 F. Summary. 23 V.... |
2009 |
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David C. Peet |
DEED OF MISTRUST?: THE USE OF LAND TRANSFERS TO EVADE THE ESTABLISHMENT CLAUSE |
59 American University Law Review 129 (October, 2009) |
Introduction. 130 I. Background. 132 A. Religious Displays Under the Establishment Clause. 133 B. Unconstitutional Responses to Desegregation and the Fourth Amendment's Exclusionary Rule. 136 1. Faulty desegregation plans and the evasion of deliberate speed . 136 2. Fourth Amendment protections and the silver platter doctrine . 138 C. The... |
2009 |
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Andrew P. Morriss , Benjamin D. Cramer |
DISESTABLISHING ENVIRONMENTALISM |
39 Environmental Law 309 (Spring 2009) |
The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled heretics, while appeals for environmental stewardship echo... |
2009 |
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Lauren Sanchez-Murphy |
ECONOMIC DEVELOPMENT AND ENVIRONMENTAL THREATS: TIPPING THE BALANCE IN VENEZUELA |
7 Loyola University Chicago International Law Review 73 (Winter 2009) |
We are an oil producing country and that obligates us to take even more care of the environment--on an extreme level--and to avoid contamination, and to reduce contamination in all areas: earth, water and air. The balance between developing an economic market and protecting human and environmental rights is a crucial issue that has received... |
2009 |
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Lin Feng, Jason Buhi |
EMISSIONS TRADING ACROSS CHINA: INCORPORATING HONG KONG AND MACAU INTO AN URGENTLY NEEDED AIR POLLUTION CONTROL REGIME UNDER "ONE COUNTRY, TWO SYSTEMS" |
19 Journal of Transnational Law & Policy 123 (Fall, 2009) |
China's status as the world's largest sulfur dioxide emitter carries with it serious hazards to human and ecosystem health. The National People's Congress began to address this in 2000, when it promulgated national SO2 emissions caps. By 2010, SO2 emissions across the Mainland were supposed to stabilize at pre-set baselines. Rather than decreasing,... |
2009 |
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Meghan Theresa McCauley |
EMPOWERING CHANGE: BUILDING THE CASE FOR INTERNATIONAL INDIGENOUS LAND RIGHTS IN THE UNITED STATES |
41 Arizona State Law Journal 1167 (Winter 2009) |
International law is part of [United States] law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as question of right depending upon it are duly presented for their determination. Old wounds of marginalization and exploitation continue for Indigenous Peoples (Indigenous Peoples), such as... |
2009 |
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