AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Marc Limon HUMAN RIGHTS AND CLIMATE CHANGE: CONSTRUCTING A CASE FOR POLITICAL ACTION 33 Harvard Environmental Law Review 439 (2009) On March 28, 2008, the United Nations Human Rights Council adopted Resolution 7/23 on human rights and climate change, which, for the first time in a U.N. resolution, explicitly recognized that climate change has implications for the full enjoyment of human rights. While this may appear a classic case of stating the obvious, the words are... 2009  
David B. Hunter HUMAN RIGHTS IMPLICATIONS FOR CLIMATE CHANGE NEGOTIATIONS 11 Oregon Review of International Law 331 (2009) I. Linking Human Rights to Climate Change. 335 A. The Inuit Petition to the Inter-American Commission. 335 B. The Small Island States. 337 II. Implications of the Human Rights Perspective. 338 A. Legal Liability for Human Rights Violations. 340 B. The Moral Authority of Human Rights. 343 1. Rights to the Atmosphere. 345 C. Bringing New Voices to... 2009  
Jessie Hohmann IGLOO AS ICON: A HUMAN RIGHTS APPROACH TO CLIMATE CHANGE FOR THE INUIT? 18 Transnational Law & Contemporary Problems 295 (Spring 2009) I. Introduction. 296 II. Climate Change in the North: A Violation of the Right to Housing?. 299 A. The Right to Housing as an International Human Right. 299 B. Inuit Housing. 301 C. Elements of the Inuit's Right to Housing Threatened by Climate Change in the Arctic. 303 1. Availability of Services, Materials, Facilities and Infrastructure. 303 2.... 2009  
Charles Carvell INDIAN RESERVED WATER RIGHTS: IMPENDING CONFLICT OR COMING RAPPROCHEMENT BETWEEN THE STATE OF NORTH DAKOTA AND NORTH DAKOTA INDIAN TRIBES 85 North Dakota Law Review 1 (2009) I. INTRODUCTION. 2 II. PRIOR APPROPRIATION: THE FOUNDATION OF NORTH DAKOTA WATER LAW. 4 A. Development of Prior Appropriation and its Adoption by North Dakota. 4 B. Application of Prior Appropriation on North Dakota Indian Reservations. 7 III. REJECTION OF STATE WATER LAW AND ASSERTIONS OF SOVEREIGNTY BY NORTH DAKOTA INDIAN TRIBES. 15 IV. WINTERS... 2009  
E. Rania Rampersad INDIGENOUS ADAPTATION TO CLIMATE CHANGE: PRESERVING SUSTAINABLE RELATIONSHIPS THROUGH AN ENVIRONMENTAL STEWARDSHIP CLAIM & TRUST FUND REMEDY 21 Georgetown International Environmental Law Review 591 (Spring, 2009) C1-2Contents Introduction. 592 I. The Problem: Climate Change Harms to Indigenous Peoples. 593 A. Indigenous Adaptation to Climate Change. 593 1. Introduction to the Problem. 593 2. Recognition of Need for Special Protections for Indigenous Peoples. 595 B. Achieving Preservation & Restoration Through Litigation: Current Inadequacies. 597 1. Case... 2009  
Stephen L. Kass INTEGRATED JUSTICE: HUMAN RIGHTS, CLIMATE CHANGE, AND POVERTY 18 Transnational Law & Contemporary Problems 115 (Winter 2009) I. Summary. 116 II. The Current Environmental Crisis. 118 A. Water Scarcity. 118 B. Oceans. 119 C. Deforestation/Desertification. 120 D. Urban Migration. 120 E. Energy. 121 F. Food Deficiency. 121 G. Refugees; Warfare. 122 III. Climate Change Impacts and Responses. 122 A. Accelerating the Current Crisis. 122 B. International Climate Change... 2009  
Jo M. Pasqualucci INTERNATIONAL INDIGENOUS LAND RIGHTS: A CRITIQUE OF THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN LIGHT OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES 27 Wisconsin International Law Journal 51 (Spring 2009) Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources . . . - Preamble, United Nations Declaration on... 2009  
Dominic A. Gentile INTERNATIONAL TRADE AND THE ENVIRONMENT: WHAT IS THE ROLE OF THE WTO? 20 Fordham Environmental Law Review 197 (Spring, 2009) Increasingly, the international community has been forced to recognize that the state of the environment is a global concern. Unfortunately, the nature of the problem itself is not one which can be addressed unilaterally, as it does not relate exclusively to any individual state. Concurrent with this growing public awareness is a recognition of the... 2009  
Stephen Clowney INVISIBLE BUSINESSMAN: UNDERMINING BLACK ENTERPRISE WITH LAND USE RULES 2009 University of Illinois Law Review 1061 (2009) Rates of self-employment in African-American neighborhoods remain feeble. Although the reasons behind the failure of black businesses are complex, zoning regulations play a largely unexamined role in constraining the development of African-American enterprises. Land use fees, municipal zoning board decisions, and the general insistence on... 2009  
Avi Brisman IT TAKES GREEN TO BE GREEN: ENVIRONMENTAL ELITISM, "RITUAL DISPLAYS," AND CONSPICUOUS NON-CONSUMPTION 85 North Dakota Law Review 329 (2009) In December 2007, under the banner Top Trends in Search in 2007, Yahoo announced that global warming ranked as one of the top searches for the year 2007. For the green conscious, this might seem like good news. As Yahoo director of product marketing, Raj Gossain, states, [These] Internet searches revealed a hunger for knowledge about global... 2009  
Ann E. Carlson ITERATIVE FEDERALISM AND CLIMATE CHANGE 103 Northwestern University Law Review 1097 (Summer 2009) Introduction. 1097 I. Environmental Federalism. 1103 II. Iterative Federalism Schemes. 1107 A. Motor Vehicle Emissions Standards. 1109 B. Lessons for Federalism. 1128 C. Cap-and-Trade Schemes. 1141 D. Federalism and RGGI. 1152 III. Iterative Federalism and Substantive Outcomes. 1158 Conclusion. 1160 2009  
Guadalupe Gutierrez, Ph.D. JURISDICTIONAL AMBIGUITIES AMONG SOVEREIGNS: THE IMPACT OF THE INDIAN GAMING REGULATORY ACT ON CRIMINAL JURISDICTION ON TRIBAL LANDS 26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... 2009  
Will Sarvis LAND AND HOME IN THE AMERICAN MIND 22 Journal of Natural Resources & Environmental Law 107 (2008-2009) After World War II, Carl and Mae Shockley owned a farm along the Current River in Carter County, Missouri. The river bottom territory is the best agricultural land in this rocky Ozark area. Before the 1970s, by dint of tremendous work, they managed to derive a living from their land reminiscent of earlier agrarian generations. They made difficult... 2009  
Md. Abdul Alim LAND MANAGEMENT IN BANGLADESH WITH REFERENCE TO KHAS LAND: NEED FOR REFORM 14 Drake Journal of Agricultural Law 245 (Summer, 2009) I. Prelude. 245 II. Land Management in Bengal. 246 III. British Rule in Bangladesh. 248 IV. Necessity for Changes in Land Laws. 252 V. Problems of Existing Laws Relating to Khas Land. 253 VI. The Pattern of Land Distribution. 254 VII. Recommendations. 255 VIII. Conclusions. 257 2009  
Richard O. Clemmer , University of Denver LAND RIGHTS, CLAIMS, AND WESTERN SHOSHONES: THE IDEOLOGY OF LOSS AND THE BUREAUCRACY OF ENFORCEMENT 32 PoLAR: Political and Legal Anthropology Review 279 (November, 2009) This essay examines the shifting legal-political discourses surrounding the concepts claim, property, and rights with regard to the Western Shoshone. It argues that an ideology of loss structured the Indian Claims Commission (ICC) proceedings. These proceedings parted Native Americans from their land, often despite existing treaties... 2009  
Susana Lastarria-Cornhiel LAND TENURE, TITLING, AND GENDER IN BOLIVIA 29 Saint Louis University Public Law Review 193 (2009) Land and landed property are important assets for the poor in developing countries, particularly for rural households that depend on agriculture for their livelihood. Secure land rights can provide access to other productive factors such as credit, and facilitate participation in social institutions such as family and community structures. Formal... 2009  
James J. Kelly, Jr. LAND TRUSTS THAT CONSERVE COMMUNITIES 59 DePaul Law Review 69 (Fall 2009) Recent property law scholarship has welcomed increased attention to the relevance of virtue ethics to the reshaping of fundamental concepts within property jurisprudence. Several preeminent legal scholars have issued a brief manifesto stating that [t]he common conception of property as protection of individual control over valued resources is... 2009  
Eduardo M. Peñalver LAND VIRTUES 94 Cornell Law Review 821 (May, 2009) This Article has two goals. First, I explore some of the descriptive and normative limitations of certain law-and-economics discussions of the ownership and use of land. These market-centered approaches struggle in different ways with features of land that distinguish it from other commodities. The complexity of land--its intrinsic complexity,... 2009  
Brian T. Burgess LIMITING PREEMPTION IN ENVIRONMENTAL LAW: AN ANALYSIS OF THE COST-EXTERNALIZATION ARGUMENT AND CALIFORNIA ASSEMBLY BILL 1493 84 New York University Law Review 258 (April, 2009) In recent decades, states have exhibited remarkable leadership in environmental policy. This leadership is threatened by federal ceiling preemption, which prevents states from adopting regulations that exceed federal standards. While environmental law scholars have argued that the rise in federal ceiling preemption will undermine environmental... 2009  
John H. Knox LINKING HUMAN RIGHTS AND CLIMATE CHANGE AT THE UNITED NATIONS 33 Harvard Environmental Law Review 477 (2009) In January 2009, the Office of the U.N. High Commissioner for Human Rights (OHCHR) became the first international human rights body to examine the relationship between climate change and human rights. The OHCHR report reaches several important conclusions: (1) climate change threatens the enjoyment of a broad array of human rights; (2) climate... 2009  
William G. Bassler, Yitzchok Segal MEDIATING INTERNATIONAL ENVIRONMENTAL TORT CLAIMS IN THE SHADOW OF THE ALIEN TORT CLAIMS ACT 63-JAN Dispute Resolution Journal 72 (November, 2008-January,) Multinational corporations are increasingly flocking toward developing countries to expand their bases of operations. There are many reasons for this trend. Developing countries offer natural resources tax advantages, and cheap labor. Their governments welcome this foreign investment because it boosts their economies. However, these investments... 2009  
Michael P. Vandenbergh , Brooke A. Ackerly , Fred E. Forster MICRO-OFFSETS AND MACRO-TRANSFORMATION: AN INCONVENIENT VIEW OF CLIMATE CHANGE JUSTICE 33 Harvard Environmental Law Review 303 (2009) We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by better allocating the emissions reduction burdens of current carbon mitigation proposals--there may be no allocation of burdens... 2009  
Darren J. Ranco MODELS OF TRIBAL ENVIRONMENTAL REGULATION 56-APR Federal Lawyer 46 (March/April, 2009) This article examines the current regulatory models in tribal environmental programs to see if the regulations meet standards of tribal sovereignty that are designed to protect tribal cultures and lifeways. In particular, I am concerned that the approaches to regulation currently available to tribes-- driven by federal mandates and notions of... 2009  
Trevor R. Updegraff MORALS ON STILTS: ASSESSING THE VALUE OF INTERGENERATIONAL ENVIRONMENTAL ETHICS 20 Colorado Journal of International Environmental Law and Policy 367 (Summer 2009) Environmental degradation and natural resource consumption raise profound ethical and legal questions. The moral framework through which these questions are addressed forms a foundational aspect of international environmental law and policy. The goal of this Note is to encourage a thought exercise examining the basis of our moral connection to... 2009  
Lisa M. Slepnikoff MORE QUESTIONS THAN ANSWERS: PLAINS COMMERCE BANK V. LONG FAMILY LAND AND CATTLE COMPANY, INC. AND THE U.S. SUPREME COURT'S FAILURE TO DEFINE THE EXTENT OF TRIBAL CIVIL AUTHORITY OVER NONMEMBERS ON NON-INDIAN LAND 54 South Dakota Law Review 460 (2009) In a 5-4 decision, the United States Supreme Court held in Plains Commerce Bank v. Long Family Land and Cattle Co. that tribal courts lack the civil authority to adjudicate claims arising from the non-Indian sale of fee land to another non-Indian. This case represents the next step in a long history of judicial activism which has steadily chipped... 2009  
Nicholas Morales NEW JERSEY V. ENVIRONMENTAL PROTECTION AGENCY 33 Harvard Environmental Law Review 263 (2009) Coal-fired electric generating utility plants are the most significant industrial contributors to the nation's mercury pollution, which causes serious health effects in humans and wildlife. The U.S. Environmental Protection Agency's (EPA) regulation of power plant emissions of mercury and other hazardous air pollutants (HAPs) has been an overly... 2009  
Michelle Kay Albert OBLIGATIONS AND OPPORTUNITIES TO PROTECT NATIVE AMERICAN SACRED SITES LOCATED ON PUBLIC LANDS 40 Columbia Human Rights Law Review 479 (Winter 2009) Many Native American religious practitioners face a challenge not typically confronted by adherents of Judeo-Christian religious traditions: Native American religious beliefs are tied to the land, not to a church. If native practitioners cannot access and use their sacred land, they cannot access their church. At the same time, many of these sacred... 2009  
Amy Laura Cahn OUR "RIGHTS ARE NOT CAST IN STONE": POST-KATRINA ENVIRONMENTAL "RED-LINING" AND THE NEED FOR A BROAD-BASED HUMAN RIGHT LAWYERING MOVEMENT 12 University of Pennsylvania Journal of Law and Social Change 37 (2008-2009) The U.S. Constitution should be sufficient. We don't need to go to the United Nations; all we got to do is step up . It's an American problem. We should guarantee the reconstruction. - Then Senator Joseph R. Biden, Jr. Third Democratic Primary Presidential Debate, June 2007. Rights are not cast in stone: they are redefined and reassigned in... 2009  
Colin Crawford OUR BANDIT FUTURE? CITIES, SHANTYTOWNS, AND CLIMATE CHANGE GOVERNANCE 36 Fordham Urban Law Journal 211 (February, 2009) Introduction. 212 I. Cities, Shantytowns, and Extra-Legal Settlements. 216 A. The Neglect of Cities. 218 B. Defining Interests Within Cities. 221 II. Consequences of not Hearing from Cities in Climate Change Debate. 226 III. Refocusing the Climate Change Debate and Norm Articulation by City Voices. 232 A. Who Is Heard in Climate Change Discussions.... 2009  
R. William Jonas Jr., 2008-2009 OUTRUN THE SUN HONORS LOVED ONES, SAVES LIVES 52-JUN Res Gestae 5 (June, 2009) Author's Note: Instead of traditional columns of the president, I have decided this year to use this space to highlight outstanding contributions of lawyers outside the practice of law. This article represents the seventh installment of the series, which I call Lawyers Are Great People! I invite those with ideas about lawyers who should be... 2009  
Michael Ewing-Chow , Darryl Soh PAIN, GAIN, OR SHAME: THE EVOLUTION OF ENVIRONMENTAL LAW AND THE ROLE OF MULTINATIONAL CORPORATIONS 16 Indiana Journal of Global Legal Studies 195 (Winter, 2009) The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems... 2009  
Frank Pommersheim PLAINS COMMERCE BANK V. LONG FAMILY LAND AND CATTLE COMPANY, INC.: AN INTRODUCTION WITH QUESTIONS 54 South Dakota Law Review 365 (2009) The Plains Commerce Bank case began as a routine case in the Cheyenne River Sioux Tribal Court system between a rancher and a bank that had been doing business together for many years on the Cheyenne River Sioux Reservation. The rancher was an Indian family and its Indian controlled corporation. The bank was a local, non-Indian off reservation... 2009  
John E. Bonine , Professor, University of Oregon School of Law PRIVATE PUBLIC INTEREST ENVIRONMENTAL LAW: HISTORY, HARD WORK, AND HOPE 26 Pace Environmental Law Review 465 (Summer 2009) Introduction. 463 I. A Short Pre-History of Public Interest Environmental Law. 464 A. Environmental Law, Eastern Mountains, and Lloyd Garrison. 464 B. From New York to California, with Stops in Between. 466 II. A Typology of Environmental Law Practice. 470 A. Business Environmental Law. 470 B. The Non-Profit Alternative. 475 C. Private Public... 2009  
Julie China PUBLIC TRUST LANDS IN HAWAII 56-JUN Federal Lawyer 4 (June, 2009) On March 31, 2009, a unanimous Supreme Court of the United States rejected claims by the Office of Hawaiian Affairs (OHA) that a congressional apology stripped the state of Hawaii's sovereign authority to transfer public trust lands. The constitution of the state of Hawaii provides that The lands granted to the State of Hawaii by Section 5(b) of... 2009  
Lars Johnson PUSHING NEPA'S BOUNDARIES: USING NEPA TO IMPROVE THE RELATIONSHIP BETWEEN ANIMAL LAW AND ENVIRONMENTAL LAW 17 New York University Environmental Law Journal 1367 (2009) A relatively recent addition to the legal world, animal law has grown rapidly during its thirty year existence. Originally a small field populated by lawyers somewhat on the profession's fringe, animal law has gradually expanded to reach new issues while it has gained credibility among practitioners and scholars. This note addresses the possibility... 2009  
Charlotte C. Williams REACHING BACK TO MOVE FORWARD: USING ADVERSE POSSESSION TO RESOLVE LAND CONFLICTS IN TIMOR-LESTE 18 Pacific Rim Law & Policy Journal 575 (August, 2009) Abstract: Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste's history has produced disjointed patterns of land tenure. These land... 2009  
Valerie Hickey REAUTHORIZING THE ENDANGERED SPECIES ACT IN FAVOR OF WILDLIFE AND WILD LANDS: AN INEVITABLE RESULT OF NARRATIVE CHANGES IN TWENTY-FIRST CENTURY AMERICA? 24 Journal of Environmental Law & Litigation 423 (2009) I. Imagining the Endangered Species Act. 427 A. Wildlife and Wild Lands: An American Heritage. 427 B. From Imagining Nature to Regulating Habitat: The Endangered Species Act. 428 II. Tribal Animus. 431 A. Inchoate Tribalism. 432 B. Equal and Opposite Availability Cascades. 434 1. Whose Expertise?. 435 2. Case Studies: Full of Sound and Fury,... 2009  
Will Reisinger , Nolan Moser , Trent A. Dougherty , James D. Madeiros RECONCILING KING COAL AND CLIMATE CHANGE: A REGULATORY FRAMEWORK FOR CARBON CAPTURE AND STORAGE 11 Vermont Journal of Environmental Law 1 (Fall, 2009) The root cause of climate change is the buildup of heat-trapping greenhouse gases (GHGs), most significantly carbon dioxide (CO2), in the Earth's atmosphere. The accumulation of these gases creates a thermal blanket of sorts, resulting in excessive solar heat and energy in our atmosphere. Coal-fired electric power plants are responsible for... 2009  
Joanna D. Malaczynski , Timothy P. Duane REDUCING GREENHOUSE GAS EMISSIONS FROM VEHICLE MILES TRAVELED: INTEGRATING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH THE CALIFORNIA GLOBAL WARMING SOLUTIONS ACT 36 Ecology Law Quarterly 71 (2009) The California Global Warming Solutions Act of 2006 (AB 32) commits California to reduce its greenhouse gas (GHG) emissions to 1990 levels by 2020. The transportation sector is the top GHG emitter in California, contributing roughly 40 percent of all California emissions. Poor fuel efficiency and high vehicle miles traveled (VMT) are primary... 2009  
Lesley K. McAllister REGIONAL CLIMATE REGULATION: FROM STATE COMPETITION TO STATE COLLABORATION 1 San Diego Journal of Climate & Energy Law 81 (2009) I. Introduction. 82 II. Environmental Law in the States: Competitive Theories and Collaborative Realities. 83 A. Theories of State Competition. 83 1. Race to the Bottom. 84 2. Race to the Top. 86 B. Collaborative Initiatives. 88 1. Regional Greenhouse Gas Initiative. 89 2. Western Climate Initiative. 90 3. The Midwestern Greenhouse Gas Accord. 91... 2009  
Charles M. Kersten RETHINKING TRANSBOUNDARY ENVIRONMENTAL IMPACT ASSESSMENT 34 Yale Journal of International Law 173 (Winter 2009) I. Introduction. 173 II. Environmental Impact Assessment Regimes. 176 A. Environmental Impact Assessment in Domestic and Transboundary Regimes. 176 B. Types of Transboundary EIA Regimes. 178 III. How EIA Regimes Work. 180 IV. Institutional Support for EIA Regimes. 182 A. Political Accountability. 183 1. Political Accountability in the Domestic... 2009  
Christopher Dobson RFRA LAND-USE CHALLENGES AFTER NAVAJO NATION V. U.S. PARKS SERVICE 4 Environmental & Energy Law & Policy Journal 139 (Spring 2009) On August 8, 2008, the Ninth Circuit Court of Appeals, in an en banc hearing in the case Navajo Nation v. U.S. Forest Service, held that the U.S. Forest Service did not violate the Religious Freedom Restoration Act of 1993 (RFRA) when it allowed Snowbowl--a ski resort that operates on federal lands--to utilize recycled wastewater on Arizona's San... 2009  
Artika Tyner, Esq. ROBUST EXCHANGE OF IDEAS AND THE PRESENCE OF THE AFRICAN AMERICAN VOICE IN THE LAW SCHOOL ENVIRONMENT: A REVIEW OF LITERATURE 5 Modern American 37 (Spring, 2009) People of color represent about 30% of the United States population, but less than 10% of lawyers. African-Americans represent approximately 13% of the United States population, but only 6.8% of enrolled law students. The rate of admission of African-Americans to law schools has experienced a continual decline, diminishing the racial diversity of... 2009  
Prashant Bhushan SACRIFICING HUMAN RIGHTS AND ENVIRONMENTAL RIGHTS AT THE ALTAR OF "DEVELOPMENT" 41 George Washington International Law Review 389 (2009) Those familiar with India are aware of the country's remarkable paradoxes characterized by obscene wealth in the hands of a few billionaires, including four of the ten richest men in the world, existing side by side with appalling poverty where more than 78 percent of the population lives on less than twenty rupees (or forty-five cents) per day.... 2009  
George (Rock) Pring , Catherine (Kitty) Pring SPECIALIZED ENVIRONMENTAL COURTS AND TRIBUNALS AT THE CONFLUENCE OF HUMAN RIGHTS AND THE ENVIRONMENT 11 Oregon Review of International Law 301 (2009) I. The Confluence of Human Rights and Environmental Law. 304 II. Introduction to ECTs and the ECT Study. 307 III. Study Methodology. 312 IV. Framework of Design Decisions. 314 A. Type of Body. 314 1. Specialized Court. 314 2. Specialized Court Chamber. 315 3. Tribunal. 315 4. Other Specialized Forums. 315 B. Legal Jurisdiction. 316 C. Court Level... 2009  
Irma S. Russell STREAMLINING NEPA TO COMBAT GLOBAL CLIMATE CHANGE: HERESY OR NECESSITY? 39 Environmental Law 1049 (Fall 2009) This Article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The Article examines the ability of the market to respond to the call for rapid adaptation to climate change and... 2009  
Carl C. Christensen, University of Hawai'i STUART BANNER, POSSESSING THE PACIFIC: LAND, SETTLERS, AND INDIGENOUS PEOPLE FROM AUSTRALIA TO ALASKA, CAMBRIDGE: HARVARD UNIVERSITY PRESS, 2007. PP. 400. $35.00 (ISBN 978-0-674-02612-4) 27 Law and History Review 198 (Spring, 2009) Professor Banner tells the fascinating story of how western property law came to be imposed on the various lands in and around the Pacific Ocean that came under Anglo-American domination from the late eighteenth century to the late nineteenth century and of how this process, though relying on the application of differing legal structures, almost... 2009  
James L. Wescoat Jr. SUBMERGED LANDSCAPES: THE PUBLIC TRUST IN URBAN ENVIRONMENTAL DESIGN, FROM CHICAGO TO KARACHI AND BACK AGAIN 10 Vermont Journal of Environmental Law 435 (Spring, 2009) C1-2Table of Contents I. Problem Statement. 436 II. Conceptual Framework. 440 III. Roman Antecedents. 445 IV. Paths of Public Law Transmission from Rome to the United States. 450 A. English and American Common Law. 451 B. French Civil Law. 452 C. Spanish Civil Law. 453 D. British Colonial Law. 454 E. Summary. 454 V. Chicago Lakefront Struggles. 455... 2009  
Amanda Bullington TADEMY V. UNION PACIFIC CORPORATION: THE RACIALLY HOSTILE WORK ENVIRONMENT CLAIM UNDER TITLE VII AND § 1981 34 Oklahoma City University Law Review 199 (Summer 2009) Often in employment discrimination cases there is no single event that causes obvious offense, but rather there are several occurrences of harassment and discriminatory behavior throughout the work environment. This pattern of behavior is the essence of the hostile-work-environment-discrimination claim. In developing this type of civil-rights... 2009  
Stephen R. Munzer , Phyllis Chen Simon TERRITORY, PLANTS, AND LAND-USE RIGHTS AMONG THE SAN OF SOUTHERN AFRICA: A CASE STUDY IN REGIONAL BIODIVERSITY, TRADITIONAL KNOWLEDGE, AND INTELLECTUAL PROPERTY 17 William & Mary Bill of Rights Journal 831 (March, 2009) At present we see a great deal of writing by legal and other scholars on intellectual property (IP) rights in the traditional knowledge (TK)of indigenous peoples. The many articles and books on the subject are notable for their diverse approaches. Among them are legal analyses, philosophical discussions, historical, sociological and economic... 2009  
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