AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Craig Anthony (Tony) Arnold WATER PRIVATIZATION TRENDS IN THE UNITED STATES: HUMAN RIGHTS, NATIONAL SECURITY, AND PUBLIC STEWARDSHIP 33 William and Mary Environmental Law and Policy Review 785 (Spring, 2009) Current debates in U.S. law and politics seem to be questioning whether national security and human rights are in fundamental tension with each other, as our legal and political systems struggle with the scope of government powers to fight terrorism and the legal limits on the detention, interrogation, and punishment of suspected terrorists, such... 2009  
  WATER RESOURCES 2009 ABA Environment, Energy, and Resources Law: The Year in Review 326 (2009) The province of Manitoba in Manitoba v. Norton forced the United States Bureau of Reclamation to prepare an Environmental Impact Statement (EIS) to fully analyze the risks of the State of North Dakota and the Bureau's Northwest Area Water Supply Project. The project will supply water from the Missouri River to numerous small communities in North... 2009  
Mark W. Wilson WHY PRIVATE REMEDIES FOR ENVIRONMENTAL TORTS UNDER THE ALIEN TORT STATUTE SHOULD NOT BE CONSTRAINED BY THE JUDICIALLY CREATED DOCTRINES OF JUS COGENS AND EXHAUSTION 39 Environmental Law 451 (Spring 2009) The spread of multinational corporations with subsidiaries conducting operations in far-flung locales with reduced or nonexistent legal protections has been a continuing global trend. These entities may be headquartered in countries with well-developed legal standards and environmental protections, but many of the jurisdictions where they conduct... 2009  
Daryl Fisher-Ogden WORLD RELIGIONS AND THE CLEAN AIR ACT 23 Notre Dame Journal of Law, Ethics & Public Policy 429 (2009) As climate change and greenhouse gases become frequent news topics, it is worth considering whether people and communities should comply with current clean air standards before enacting additional ones. A society ruled by law must rely on voluntary compliance with its laws by a majority of its citizens, rather than police enforcement of all law.... 2009  
Michelle Yu WU LIHONG, LAKE TAI, AND THE DIFFICULTIES OF PROTECTING CHINA'S ENVIRONMENT: A CASE STUDY 21 Georgetown International Environmental Law Review 639 (Summer, 2009) C1-3Table of Contents L1-2Introduction . L3640 I. Historical Responses to Environmental Problems. 641 II. The Environmental Protection System and Its Flaws. 643 A. National Efforts. 643 (1) Legislation and Five-Year Plans. 643 (2) Agencies: SEPA and EPBs. 645 (3) Litigation. 648 B. GONGOS versus NGOS. 650 C. Censorship, Transparency, and Access to... 2009  
Robert L. Glicksman , Richard E. Levy A COLLECTIVE ACTION PERSPECTIVE ON CEILING PREEMPTION BY FEDERAL ENVIRONMENTAL REGULATION: THE CASE OF GLOBAL CLIMATE CHANGE 102 Northwestern University Law Review 579 (Special Issue 2008) In this Article, we draw on collective action theory and traditional preemption doctrine to develop a framework for thinking about environmental preemption. We then apply it to regulation of greenhouse gases (GHGs) in response to global climate change. We begin with the fundamental premise that preemption doctrine can be understood as a means of... 2008  
Alice Kaswan A COOPERATIVE FEDERALISM PROPOSAL FOR CLIMATE CHANGE LEGISLATION: THE VALUE OF STATE AUTONOMY IN A FEDERAL SYSTEM 85 Denver University Law Review 791 (2008) C1-7Table of Contents L1-6,T6Introduction 792 I. L2-6,T6The Importance of Federal Legislation 794 II. L2-6,T6The State Role in a Federal Program 797 A. L3-6,T6Theoretical Justifications for a Strong State Role 798 1. L4-6,T6Arguments in Favor of State Autonomy 798 2. L4-6,T6Concerns Raised by State Autonomy 801 B. L3-6,T6A Case Study on the Value... 2008  
Henry N. Butler A DEFENSE OF COMMON LAW ENVIRONMENTALISM: THE DISCOVERY OF BETTER ENVIRONMENTAL POLICY 58 Case Western Reserve Law Review 705 (Spring, 2008) A major problem with the current environmental regulatory regime is that it does not provide a reliable process for determining or discovering either the optimal amount of pollution or the most efficient means for achieving the selected level of pollution. This Article explains how the common law process, when coupled with competitive federalism,... 2008  
Kai S. Anderson , Deborah Paulus-Jagric A NEW LAND INITIATIVE IN NEVADA 17 New York University Environmental Law Journal 398 (2008) This article describes a bipartisan approach to federal lands legislation pioneered by Nevada Senators Harry Reid (D) and John Ensign (R) over the past decade in an effort to rationalize federal, state, and private land ownership in the state; to balance competing conservation, recreation, and development interests; and to phase out controversial... 2008  
Sean M. Hanlon A NON-INDIAN ENTITY IS POLLUTING INDIAN WATERS: "WATER" YOUR RIGHTS TO THE WATERS, AND "WATER" YA GONNA DO ABOUT IT? 69 Montana Law Review 173 (Winter 2008) The permanent loss of [a natural resource] irreparably [tears] at the balance of the world. We refer to the earth and sky as Mother Earth and Father Sky. These are not catchy titles; they represent our understanding of our place. The earth and sky are our relatives. Nature communicates with us through the wind and the water and the whispering... 2008  
Paul M. Sullivan A VERY DURABLE MYTH: A CRITICAL COMMENTARY ON JON VAN DYKE'S WHO OWNS THE CROWN LANDS OF HAWAI'I? 31 University of Hawaii Law Review 341 (Winter 2008) The title question of Professor Jon Van Dyke's recent book Who Owns the Crown Lands of Hawai'i does not require a book to answer. The answer is simple and not seriously contested, even in Professor Van Dyke's book. Some of the Crown Lands with which the book is concerned are owned by the United States Government, and the rest are owned by the State... 2008  
Judith T. Younger ACROSS CURRICULAR BOUNDARIES: SEARCHING FOR A CONFLUENCE BETWEEN MARITAL AGREEMENTS AND INDIAN LAND TRANSACTIONS 26 Law & Inequality: A Journal of Theory and Practice 495 (Summer 2008) We begin today with Socrates. Socrates will lead us inexorably, though unwittingly, into a curricular experiment. The experiment, in turn, will take us across continents and centuries. It will go on for about forty-five minutes--no more, I promise. The experiment will end with a true, and I think, funny, story. Of course, there will be a moral.... 2008  
David E. Adelman , Kirsten H. Engel ADAPTIVE FEDERALISM: THE CASE AGAINST REALLOCATING ENVIRONMENTAL REGULATORY AUTHORITY 92 Minnesota Law Review 1796 (June, 2008) A hallmark of environmental federalism is that neither federal nor state governments limit themselves to what many legal scholars have deemed to be their appropriate domains. The federal government continues to regulate local issues, such as remediation of contaminated industrial sites, which have few direct interstate connections and few benefits... 2008  
Kristin H. Berger Parker AMBIENT HARASSMENT UNDER TITLE VII: RECONSIDERING THE WORKPLACE ENVIRONMENT 102 Northwestern University Law Review 945 (Special Issue 2008) Introduction. 946 I. Does Ambient Harassment Really Affect Women?. 949 II. Statutory Elements of Hostile Environment Sexual Harassment. 952 A. Harassment as a Cognizable Claim Under Title VII. 952 B. The 1991 Amendments: Compensatory and Punitive Damages. 954 III. From Subordination to Formal Equality. 955 A. Because of Sex . 956 B. Oncale v.... 2008  
Sarah Krakoff AMERICAN INDIANS, CLIMATE CHANGE, AND ETHICS FOR A WARMING WORLD 85 Denver University Law Review 865 (2008) Developing a sense of ourselves that would properly balance history and nature and space and time is a more difficult task than we would suspect and involves a radical reevaluation of the way we look at the world around us. Do we continue to exploit the earth or do we preserve it and preserve life? Whether we are prepared to embark on a painful... 2008  
Micah J.B. McOwen AN EARTH USED WITH JUDGMENT, NOT TO EXCESS: DISTILLING A MORMON APPROACH TO ENVIRONMENTAL LAW 23 Journal of Law and Religion 673 (2007-2008) [T]he fulness of the earth is yours, the beasts of the field and the fowls of the air . . . and the herb, and the good things which come of the earth . . . [a]nd it pleaseth God that he hath given all these things unto man; for unto this end were they made to be used, with judgment, not to excess, neither by extortion. The Church of Jesus Christ... 2008  
Andrew Adler AN UNINTENDED AND ABSURD EXPANSION: THE APPLICATION OF THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT TO FOREIGN LANDS 38 New Mexico Law Review 133 (Winter, 2008) The federal government currently utilizes a variety of legal tools to deter the looting of cultural property and archaeological resources in foreign nations. Most attention has focused on two major legal tools used to achieve this objective: bilateral agreements restricting the importation of cultural objects and the National Stolen Property Act... 2008  
David Correia APPENDIX: LAND GRANT SPECULATION IN NEW MEXICO DURING THE TERRITORIAL PERIOD 48 Natural Resources Journal 927 (Fall, 2008) Much of the research on the adjudication problems that confronted Spanish and Mexican land grant heirs in New Mexico has focused on the conflicts between private and common property-tenure arrangements. While historians have focused on the patterns of speculation by Santa Fe Ring lawyers and commercial speculators, their emphasis has been on the... 2008  
Elizabeth Loeb AS "EVERY SCHOOLBOY KNOWS": GENDER, LAND, AND NATIVE TITLE IN THE UNITED STATES 32 New York University Review of Law and Social Change 253 (2008) This article begins with an obvious but necessary premise: the U.S. state has historically produced itself as sovereign over a specific territorial mass through the violent conquest and continuing occupation of lands to which Native Americans also lay and have laid sovereign claim. At its core, this article seeks to ask how a Liberal conception of... 2008  
Elise Catera ATCA: CLOSING THE GAP IN CORPORATE LIABILITY FOR ENVIRONMENTAL WAR CRIMES 33 Brooklyn Journal of International Law 629 (2008) When Israel's 2006 military bombing campaign in Lebanon wrought destruction of both the infrastructure of the country as well as the natural environment, the environmental impact of warfare was once again brought to public consciousness. This kind of wanton destruction of the environment has been condemned by the international community, and... 2008  
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