| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Amanda Bullington |
TADEMY V. UNION PACIFIC CORPORATION: THE RACIALLY HOSTILE WORK ENVIRONMENT CLAIM UNDER TITLE VII AND ยง 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 |
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| 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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| Jonathan D. Greenberg |
THE ARCTIC IN WORLD ENVIRONMENTAL HISTORY |
42 Vanderbilt Journal of Transnational Law 1307 (October, 2009) |
This Article situates the Arctic in global environmental history across the long duration of time. For millions of years, the Arctic has been the world's most important barometer of global change and amplifier of global warming. For twenty thousand years, the Arctic has been the homeland of modern human settlement, and it has played a central... |
2009 |
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| Jared Snyder , Jonathan Binder |
THE CHANGING CLIMATE OF COOPERATIVE FEDERALISM: THE DYNAMIC ROLE OF THE STATES IN A NATIONAL STRATEGY TO COMBAT CLIMATE CHANGE |
27 UCLA Journal of Environmental Law & Policy 231 (2009) |
I. Introduction. 232 II. Climate Change: A Global and Local Problem with Global and Local Solutions. 234 A. State and Local Greenhouse Gas Emission Reductions Can Have State- and Local-Specific Benefits. 234 B. Uneven Emissions of Greenhouse Gases Across States Create Uneven Incentives, Responsibilities and Opportunities Across States. 235 C.... |
2009 |
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| C. Mark Hersh |
THE CLEAN WATER ACT'S ANTIDEGRADATION POLICY AND ITS ROLE IN WATERSHED PROTECTION IN WASHINGTON STATE |
15 Hastings West-Northwest Journal of Environmental Law, Policy 217 (Summer, 2009) |
Hey, pal! How do I get to town from here? And he said Well, just take a right where they're going to build that new shopping mall, go straight past where they're going to put in the freeway, take a left at what's going to be the new sports center, and keep going until you hit the place where they're thinking of building that drive-in bank. You... |
2009 |
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| Marci A. Hamilton |
THE CONSTITUTIONAL LIMITATIONS ON CONGRESS'S POWER OVER LOCAL LAND USE: WHY THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT IS UNCONSTITUTIONAL |
2 Albany Government Law Review 366 (2009) |
It is incontestably true that the love and the habits of republican government in the United States were engendered in the townships and in the provincial assemblies. [I]t is this same republican spirit, it is these manners and customs of a free people, which are engendered and nurtured in the different States, to be afterwards applied to the... |
2009 |
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| Douglas Lind |
THE CRANE, THE SWAMP, AND THE MELANCHOLY: NATURE AND NIHILISM IN SOVIET ENVIRONMENTAL LITERATURE AND LAW |
23 Notre Dame Journal of Law, Ethics & Public Policy 381 (2009) |
Here in the West, the entire seventy-year history of the Soviet Union carries an assortment of negative images. As to the environment, the Soviet image is one of ecological degradation--of large-scale natural resource depletion and rampant environmental despoliation. Justification for this view abounds, for the environmental record of the U.S.S.R.... |
2009 |
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| Tseming Yang , Robert V. Percival |
THE EMERGENCE OF GLOBAL ENVIRONMENTAL LAW |
36 Ecology Law Quarterly 615 (2009) |
With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal... |
2009 |
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| Deepa Badrinarayana |
THE EMERGING CONSTITUTIONAL CHALLENGE OF CLIMATE CHANGE: INDIA IN PERSPECTIVE |
19 Fordham Environmental Law Review 1 (Spring 2009) |
Persuading polluters to pay for the damage they cause elsewhere, in the interest of helping those worst affected, will be a major challenge in coming decades. Burden sharing is a very complex issue, and frankly I don't see much sign of it happening yet. Rajendra Pachauri, Chairman IPCC A major breakthrough in negotiations was achieved in Bali when... |
2009 |
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| Marcilynn A. Burke |
THE EMPEROR'S NEW CLOTHES: EXPOSING THE FAILURES OF REGULATING LAND USE THROUGH THE BALLOT BOX |
84 Notre Dame Law Review 1453 (April, 2009) |
This Article analyzes the recent trend of regulating land use through ballot initiatives. Most of this activity occurs in jurisdictions west of the Mississippi River, and as the West becomes the new political battleground, the significance of these initiatives continues to grow. Supporters tout ballot initiatives as a positive mechanism of direct... |
2009 |
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| Christopher Barrett |
THE ENDS JUSTIFY THE MEANS: RECYCLING DISPARATE TREATMENT FACTS IN CONTEMPORANEOUS HOSTILE WORK ENVIRONMENT CLAIMS |
9 Connecticut Public Interest Law Journal 161 (Fall-Winter, 2009) |
Consider the following: an African-American employee (employee A) is hired by a company (company B). Employee A is the only African-American employee at company B (all of employee A's co-workers are Caucasian). After a few years, a supervisory position becomes available. Employee A, who has enjoyed a very successful employment experience with... |
2009 |
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| Johan D. van der Vyver |
THE ENVIRONMENT: STATE SOVEREIGNTY, HUMAN RIGHTS, AND ARMED CONFLICT |
23 Emory International Law Review 85 (2009) |
Environmental protection has never been a high priority of international law, or for that matter of municipal legal systems. But times have changed--at least somewhat. During the last quarter of the twentieth century, interest in and laws pertaining to the natural environment have increased at a remarkable rate, both in municipal legal systems and... |
2009 |
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| Victor Flatt |
THE HISTORY OF STATE ACTION IN THE ENVIRONMENTAL REALM: A PRESUMPTION AGAINST PREEMPTION IN CLIMATE CHANGE LAW? |
1 San Diego Journal of Climate & Energy Law 63 (2009) |
I. Introduction. 64 II. Understanding the Arguments for and Against Preemption. 66 III. Going Beyond Federal Standards Under the Clean Air Act (CAA). 68 IV. Going Beyond Federal Standards Under the Clean Water Act. 71 V. Lessons from History. 73 VI. Application to Climate Change Policies. 77 VII. Conclusion. 78 As we move towards an almost certain... |
2009 |
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| Edward Cameron |
THE HUMAN DIMENSION OF GLOBAL CLIMATE CHANGE |
15 Hastings West-Northwest Journal of Environmental Law, Policy 1 (Winter 2009) |
Climate Change is the defining issue of our time and the fundamental challenge of the 21st century. Moreover, it is not just an environmental challenge or scientific thesis, it is first and foremost a human issue. It is already adversely impacting individuals around the planet, due to alterations in ecosystems, and increased incidence of natural... |
2009 |
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| G. William Rice |
THE INDIAN REORGANIZATION ACT, THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, AND A PROPOSED CARCIERI "FIX": UPDATING THE TRUST LAND ACQUISITION PROCESS |
45 Idaho Law Review 575 (2009) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 575 II. THE INDIAN REORGANIZATION ACT. 578 III. THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES. 589 IV. CARCIERI v. SALAZAR. 592 A. DEFINITION OF INDIAN. 597 B. INDIAN TRIBE DEFINED. 600 C. INDIAN RESERVATION DEFINED. 602 V. THE DRAFT LANGUAGE. 608 A. Section-By-Section Analysis. 611 VI. CONCLUSION.... |
2009 |
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| Sarah M. Morris |
THE INTERSECTION OF EQUAL AND ENVIRONMENTAL PROTECTION: A NEW DIRECTION FOR ENVIRONMENTAL ALIEN TORT CLAIMS AFTER SAREI AND SOSA |
41 Columbia Human Rights Law Review 275 (Fall 2009) |
In our time, the idea of racial equality has acquired far greater force than its eighteenth-century companions of (personal) liberty and fraternity. ~ International law must be based on values, the fundamental values of this century being human rights and the environment. Few jurisdictional statutes generate the amount of controversy that has... |
2009 |
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THE JUSTICE DEPARTMENT'S ENVIRONMENT & NATURAL RESOURCES DIVISION CELEBRATES 100TH ANNIVERSARY |
56-JUN Federal Lawyer 60 (June, 2009) |
This November, the Environment & Natural Resources Division of the Department of Justice--the nation's environmental lawyer and the largest environmental law practice in the country--celebrates its centennial anniversary. Throughout its history, the division has litigated groundbreaking cases in the fields of public lands, natural resources, water... |
2009 |
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| Michael G. Faure, Jason Scott Johnston |
THE LAW AND ECONOMICS OF ENVIRONMENTAL FEDERALISM: EUROPE AND THE UNITED STATES COMPARED |
27 Virginia Environmental Law Journal 205 (2009) |
Abstract. 207 1. Introduction. 207 2. Similarities and Differences in the Key Features of American vs. European Environmental Law and Regulation. 212 2.1. European vs. American Paths to Centralization. 212 2.2. States vs. Nations: American Cooperative Federalism, European Community Federalism. 214 2.2.1. U.S. Cooperative Federalism. 214 2.2.2.... |
2009 |
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| Katherine S. Broderick |
THE NATION'S URBAN LAND-GRANT LAW SCHOOL: ENSURING JUSTICE IN THE 21ST CENTURY |
40 University of Toledo Law Review 305 (Winter 2009) |
FOR ten years I have had the honor and the privilege to serve as dean of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL), a diverse and progressive law school bent on training advocates for justice. I was delighted to accept when Dean Douglas Ray of the University of Toledo College of Law invited me to write... |
2009 |
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| Vikki Bollettino |
THE QUEST FOR CONGRUENCE: WHY THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT SHOULD APPLY TO EMINENT DOMAIN |
39 Seton Hall Law Review 1263 (2009) |
Eminent domain and zoning authority are two important tools municipalities and states employ to control land use within their borders. When a state or municipality's right to control land use intersects with an individual's right to use his property as he sees fit, it is not uncommon for tensions to rise. For example, in Kelo v. City of New London... |
2009 |
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| Aaron M. McCright |
THE SOCIAL BASES OF CLIMATE CHANGE KNOWLEDGE, CONCERN, AND POLICY SUPPORT IN THE U.S. GENERAL PUBLIC |
37 Hofstra Law Review 1017 (Summer 2009) |
This Article analyzes the social bases of climate change knowledge, concern, and policy support, with an emphasis on examining the role of political identification (political ideology and party affiliation). Using survey data from eight nationally representative samples from 2001-2008, this study tests the generalizability of earlier results in... |
2009 |
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| M. Brent Leonhard |
THERE ARE NO IMPLIED EASEMENTS OVER TRUST LANDS |
33 American Indian Law Review 457 (2008-2009) |
Those who regularly practice law in Indian Country have no doubt encountered the myriad of issues surrounding rights-of-way over Indian lands. They can be pernicious. Among them are claims by non-Indian fee land owners that they have an implied easement over adjacent trust lands. Far from being arcane, this issue is one faced by tribes on a regular... |
2009 |
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| Dean B. Suagee |
TRIBAL ENVIRONMENTAL POLICY ACTS AND THE LANDSCAPE OF ENVIRONMENTAL LAW |
23-SPG Natural Resources & Environment 12 (Spring, 2009) |
Where do federally recognized Indian tribes fit in the development of environmental law? Where do American Indian and Alaska Native cultures fit into the landscape of environmental protection and natural resources management? The answer that I would give to both questions is a lot of places. Tribal cultures are deeply rooted in the web of life in... |
2009 |
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| Connie Sue Martin |
TRIBAL ENVIRONMENTAL REGULATORY AUTHORITY: DELEGATIONS UNDER FEDERAL LAW |
40 ABA Trends 12 (March/April, 2009) |
In a 2005 report, the Government Accountability Office (GAO) concluded that the Environmental Protection Agency (EPA) should develop a written strategy for improving its review of applications by Indian tribes seeking Treatment in the Same Manner as a State (TAS) designations for implementing and managing certain environmental statutes. The... |
2009 |
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| Brian Sawers |
TRIBAL LAND CORPORATIONS: USING INCORPORATION TO COMBAT FRACTIONATION |
88 Nebraska Law Review 385 (2009) |
I. Introduction. 385 II. Indian Land and the History of Allotment. 387 A. Allotment. 388 B. The Effects of Allotment. 393 III. Congressional Legislation. 399 A. Indian Land Consolidation Act. 399 B. Amendments to the ILCA. 401 C. Federal Purchase of Fractionated Interests. 402 D. American Indian Probate Reform Act. 404 IV. Proposals from the... |
2009 |
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| Michael R. Parker |
TWO SIDES OF THE SAME COIN: CONSIDERING HUMAN RIGHTS WHEN DESIGNING ENVIRONMENTAL POLICY |
25 Journal of Land Use & Environmental Law 109 (Fall, 2009) |
Through a multitude of international declarations, a majority of the global community has committed itself to the protection of the environment. Although many disagree as to which policy reasons and tools to implement when protecting the environment-such as population control, the polluter pays principle, or modification of property rights-the... |
2009 |
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| Timothy Riley , Cai Huiyan |
UNMASKING CHINESE BUSINESS ENTERPRISES: USING INFORMATION DISCLOSURE LAWS TO ENHANCE PUBLIC PARTICIPATION IN CORPORATE ENVIRONMENTAL DECISION MAKING |
33 Harvard Environmental Law Review 177 (2009) |
In 2005, China's lead environmental department, the State Environmental Protection Administration (SEPA), issued its annual environmental report proclaiming that China [has] made considerable progress in environmental protection work. Yet since 2002, Chinese environmental authorities have seen a 30% increase in the number of complaints filed... |
2009 |
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| Julius J. Zschau, Ulysses Clayborn, Andrew M. O'Malley |
USING LAND TRUSTS TO PREVENT SMALL FARMER LAND LOSS |
44 Real Property, Trust and Estate Law Journal 521 (Fall, 2009) |
Editors' Synopsis: In the century since African-Americans began to acquire real property in the American southeast, generations of intestacy inheritance have led to such drastic fragmentation of ownership this land that the law has had a difficult time equitably protecting the owners' interests. In this Article, the authors present a brief overview... |
2009 |
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| Robin Kundis Craig |
VALUING THE PUBLIC HEALTH ASPECTS OF ENVIRONMENTAL ENFORCEMENT: QUALITATIVE versus QUANTITATIVE EVALUATIONS OF ENFORCEMENT EFFORT |
33 Southern Illinois University Law Journal 403 (Spring, 2009) |
It is clear, then, that rhetorical study, in its strict sense, is concerned with modes of persuasion. Persuasion is clearly a sort of demonstration, since we are most fully persuaded when we consider a thing to have been demonstrated. Aristotle, Rhetoric It would be difficult to contest the status of pollution as a public health problem. Indeed,... |
2009 |
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| James R. May, Erin Daly |
VINDICATING FUNDAMENTAL ENVIRONMENTAL RIGHTS WORLDWIDE |
11 Oregon Review of International Law 365 (2009) |
I. Constitutional Entrenchment of Fundamental Environmental Rights. 373 A. Structural and Syntactical Choices. 373 B. Shaping Framers' Views on Fundamental Environmental Rights. 377 C. Presumptions About Enforceability. 383 II. Judicial Tolerance of Constitutionally Enshrined Environmental Rights. 390 A. Independent Environmental Rights. 391 B.... |
2009 |
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| Craig D. Broadbent, David S. Brookshire, Don Coursey, Vince Tidwell |
WATER LEASING: EVALUATING TEMPORARY WATER RIGHTS TRANSFERS IN NEW MEXICO THROUGH EXPERIMENTAL METHODS |
49 Natural Resources Journal 707 (Summer-Fall, 2009) |
Rapid population growth coupled with stable or decreasing water supplies has further stressed already over-allocated water resources in the western United States. In this article, we consider the issues that lead to the further consideration of a water market. Specifically, we consider water markets that allow for the temporary transfer (lease) of... |
2009 |
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| George M. Ogendi, Isaac M. Ong'oa |
WATER POLICY, ACCESSIBILITY AND WATER ETHICS IN KENYA |
7 Santa Clara Journal of International Law 177 (2009) |
According to the United Nations Environmental Program (UNEP), roughly one-third of the world's population lives in countries where there is moderate to high water stress. Kenya is one of the countries classified by the United Nations as chronically water scarce. A country is categorized as water scarce if its annual water supply is less than... |
2009 |
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