AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Robert L. Glicksman SUSTAINABLE FEDERAL LAND MANAGEMENT: PROTECTING ECOLOGICAL INTEGRITY AND PRESERVING ENVIRONMENTAL PRINCIPAL 44 Tulsa Law Review 147 (Fall 2008) The concept of sustainability plays a central role in environmental regulation and natural resource management. Despite the concept's importance to the planning and implementation of environmental policy, its meaning remains elusive. One problem in coming to grips with the significance of sustainability in environmental law and policy is its... 2008  
Eric Kades THE "MIDDLE GROUND" PERSPECTIVE ON THE EXPROPRIATION OF INDIAN LANDS 33 Law and Social Inquiry 827 (Summer, 2008) Banner, Stuart. 2005. How the Indians Lost Their Land, Law and Power on the Frontier. Cambridge, MA: Belknap and Harvard University Press. Pp. 344. $29.95 cloth. In How the Indians Lost Their Land, Law and Power on the Frontier (2005), Stuart Banner weaves together a perceptive interpretation of the historical record, with a novel economic analysis... 2008  
Lucia A. Silecchia THE "PREFERENTIAL OPTION FOR THE POOR": AN OPPORTUNITY AND A CHALLENGE FOR ENVIRONMENTAL DECISION-MAKING 5 University of Saint Thomas Law Journal 87 (Winter 2008) I. Introduction. 88 II. The Limits of the Current Environmental Debate. 94 III. The Preferential Option for the Poor: A Brief Overview. 100 IV. Implications of the Preferential Option for Catholic Social Teaching on the Environment. 109 A. Human Life and Dignity Must Remain at the Forefront of Any Consideration of Environmental Questions. 111 B.... 2008  
Sandra Zellmer THE ANTI-SPECULATION DOCTRINE AND ITS IMPLICATIONS FOR COLLABORATIVE WATER MANAGEMENT 8 Nevada Law Journal 994 (Spring 2008) I. Introduction. 994 II. Beware of Water Barons. 998 III. Avoiding Speculation Through the Trinity of Beneficial Use. 1004 A. The Elements and Underpinnings of the Beneficial Use Doctrine. 1004 B. Are Water Rights Fully Transferable Property?. 1011 IV. Yet, Municipal and Foreign Speculators Abound. 1012 A. Municipal Growth. 1013 B. Foreign... 2008  
Benjamin K. Sovacool THE BEST OF BOTH WORLDS: ENVIRONMENTAL FEDERALISM AND THE NEED FOR FEDERAL ACTION ON RENEWABLE ENERGY AND CLIMATE CHANGE 27 Stanford Environmental Law Journal 397 (June, 2008) The dynamic relationship between federal and state environmental regulation does not prescribe whether the federal government should devolve power to the states or concentrate power to the national government. Nor does it recommend when, if ever, the federal government should preempt a collection of existing state regulations. Four distinct... 2008  
Kristopher N. Houghton THE BLIGHTED HISTORY OF THE ALAMEDA LAND GRANT: MONTOYA V. UNKNOWN HEIRS OF VIGIL 48 Natural Resources Journal 983 (Fall, 2008) New Mexico is blessed with a unique and varied landholding history, as the arid land here has passed through the hands of several sovereigns with competing ideologies and interests. This article follows, through that conflicted history, a special tract of land nestled against the Rio Grande on the northwestern edge of the city of Albuquerque. The... 2008  
Denise Holladay Damico THE CEBOLLETA LAND GRANT: MULTICULTURAL COOPERATION AND CONTENTION 48 Natural Resources Journal 963 (Fall, 2008) Two key moments in the history of the Cebolleta Land Grant-its establishment and early years in the early nineteenth century, and efforts to dismantle it in the last decade of that century-allow for an exploration of the interconnectedness of ethnic identity, a way of life dependent upon subsistence-level farming and ranching, and the legal status... 2008  
Govindasamy Agoramoorthy, Sunita Chaudhary, Minna J. Hsu THE CHECK-DAM ROUTE TO MITIGATE INDIA'S WATER SHORTAGES 48 Natural Resources Journal 565 (Summer, 2008) An interstate water conflict is emerging in southern India's Cauvery River delta. Despite an estimated per capita annual average freshwater availability of 87,015 cubic feet per person, many of India's nearly one billion people suffer occasional water shortages due to uneven availability. Precipitation is concentrated mainly during the monsoon... 2008  
Dr. Jorge E. Viñuales THE CONTRIBUTION OF THE INTERNATIONAL COURT OF JUSTICE TO THE DEVELOPMENT OF INTERNATIONAL ENVIRONMENTAL LAW: A CONTEMPORARY ASSESSMENT 32 Fordham International Law Journal 232 (December, 2008) In an article written in 1996, at the occasion of the fiftieth anniversary of the International Court of Justice (the ICJ or the Court), Professor Malgosia Fitzmaurice perceptively noted that compared to other subjects . . . [environmental protection] . . . has been perhaps, at least until recently, rather less evident in the records of the... 2008  
Daniel Cordalis, Dean B. Suagee THE EFFECTS OF CLIMATE CHANGE ON AMERICAN INDIAN AND ALASKA NATIVE TRIBES 22-WTR Natural Resources & Environment 45 (Winter, 2008) Climate change will affect American Indian tribes differently than the larger American society. Tribal cultures are integrated into the ecosystems of North America, and many tribal economies are heavily dependent on the use of fish, wildlife, and native plants. Even where tribal economies are integrated into the national economy, tribal cultural... 2008  
Kathleen Morris THE EMERGENCE OF CUSTOMARY INTERNATIONAL LAW RECOGNIZING CORPORATE LIABILITY FOR VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS AND ENVIRONMENTAL LAW 11 Gonzaga Journal of International Law 4 (2007-2008) With the exception of a handful of nation-states, multinationals are alone in possessing the size, technology, and economic reach necessary to influence human affairs on a global basis. Half of the world's 100 greatest powers are transnational (or multinational) corporations. The vast financial power and economic influence of transnational... 2008  
Lois J. Schiffer , Richard J. Lazarus THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE: PLANNING FOR THE TRANSITION TO THE NEXT ADMINISTRATION 2 Harvard Law & Policy Review 269 (Summer, 2008) If, as it is often described, the United States Department of Justice is the nation's lawyer, then the Environment and Natural Resources Division within the Department is the nation's environmental lawyer. The Division is the dominant litigator in the federal courts in cases arising under federal pollution control and natural resource... 2008  
Jonathan Segal THE EXPRESSIVE WORKPLACE DOCTRINE: PROTECTING THE PUBLIC DISCOURSE FROM HOSTILE WORK ENVIRONMENT ACTIONS 15 UCLA Entertainment Law Review 1 (Winter 2008) I. Introduction. 3 II. The Current State of Hostile Work Environment Law. 8 A. The Hostile Work Environment in General. 8 B. Employers Have Been Sued for Activities Related to their Production of Protected Expression. 11 1. Diana v. Scholsser. 13 2. Stanley v. Lawson Co.. 13 3. Smith v. Minneapolis Public Library. 15 4. Herberg v. California... 2008  
James L. Huffman THE FEDERAL ROLE IN WATER RESOURCE MANAGEMENT 17 New York University Environmental Law Journal 669 (2008) Mark Twain is often credited with having said that whiskey is for drinking, water is for fighting over. History amply demonstrates the truth of both assertions, although Twain probably was not the source of this bit of cleverness. It is true, however, that Mark Twain wrote that hunger is the handmaid of genius. It is another way of saying, as... 2008  
Ursula Kazarian THE FORGOTTEN NORTH: PEOPLES AND LANDS IN PERIL 8 Sustainable Development Law & Policy 46 (Spring, 2008) Arctic indigenous peoples are extremely susceptible to the immediate impacts of climate change. While many indigenous groups face serious battles over rights to land and resources, the Arctic groups face the impending, compounding factor of some of the most drastic impacts from climate change. Their dependence on the integrity of local ecosystems... 2008  
Erica Shively THE FUTURE OF QUANTIFYING TRIBAL WATER RIGHTS IN NORTH DAKOTA 84 North Dakota Law Review 455 (2008) While there is no doubt that water is a cornerstone of life, water to many North Dakotans has often been both a blessing and a curse. From floods, droughts, and the failure of municipal water systems, to arguments both for and against the diversion of water from some of the state's major bodies, North Dakota is not a stranger to water conflict. The... 2008  
Sidney P. Ottem THE GENERAL ADJUDICATION OF THE YAKIMA RIVER: TRIBUTARIES FOR THE TWENTY-FIRST CENTURY AND A CHANGING CLIMATE 23 Journal of Environmental Law & Litigation 275 (2008) I. The Yakima River: What It Is and What It Does. 279 II. Formation and Procedure of the Adjudication. 285 A. Jurisdiction. 287 B. Notice. 289 C. Interplay with Ecology/Referee. 291 D. Qualification of the Referee. 291 III. Proceedings in Acquavella: Memorandum Opinions and Orders. 293 A. Res Judicata/Collateral Estoppel. 294 B. Yakama Nation... 2008  
Hari M. Osofsky THE GEOGRAPHY OF CLIMATE CHANGE LITIGATION PART II: NARRATIVES OF MASSACHUSETTS V EPA 8 Chicago Journal of International Law 573 (Winter 2008) We are at a crucial juncture in our narratives of climate change and of international law. The recently released Fourth Intergovernmental Panel on Climate Change (IPCC) Assessment makes clear not only that climate change is happening, but also that we have passed the point at which prevention is possible. The questions we now face are whether we... 2008  
Luis Fuentes-Rohwer THE LAND THAT DEMOCRATIC THEORY FORGOT 83 Indiana Law Journal 1525 (Fall, 2008) The island of Puerto Rico is officially designated as an unincorporated United States territory. Acquired by the United States in the aftermath of the Spanish-American war, the status of the island offers innumerable lessons and puzzles for students of the law of democracy and constitutional law. Begin with the fact that citizens of Puerto... 2008  
Cary Coglianese THE MANAGERIAL TURN IN ENVIRONMENTAL POLICY 17 New York University Environmental Law Journal 54 (2008) Over the last four decades, many aspects of environmental quality have improved in the United States. Nevertheless, existing environmental laws and regulations have often proven exceedingly costly, and some of the most vexing and significant environmental problems, such as climate change and nonpoint water pollution, still remain largely... 2008  
Hope Babcock THE NATIONAL ENVIRONMENTAL POLICY ACT IN THE URBAN ENVIRONMENT: OXYMORON OR A USEFUL TOOL TO COMBAT THE DESTRUCTION OF NEIGHBORHOODS AND URBAN SPRAWL? 23 Journal of Environmental Law & Litigation 1 (2008) I. Cities: the Good, the Bad, and the Ugly. 5 II. How Land Use Decisions Affecting Neighborhoods Adversely Affect the Urban Environment and the Larger Metropolitan Area. 11 III. The National Environmental Policy Act. 15 IV. Overcoming Barriers to NEPA's Application in the Urban Environment. 25 V. Conclusion. 32 2008  
Charles F. Wilkinson THE PUBLIC LANDS AND THE NATIONAL HERITAGE 14 Hastings West-Northwest Journal of Environmental Law, Policy 499 (Winter 2008) The fundamental question in public land law and policy always has been, and always will be as long as we have them, whether the federal lands ought to remain in United States ownership. For nearly the whole of the nation's first century, we were clear about the answer. The lands and their many resources could best serve the national interest... 2008  
David Takacs THE PUBLIC TRUST DOCTRINE, ENVIRONMENTAL HUMAN RIGHTS, AND THE FUTURE OF PRIVATE PROPERTY 16 New York University Environmental Law Journal 711 (2008) Who owns the Earth and its resources? To what extent may the general public claim the pure water, clean air, rich soil, and the myriad services Earth provides to sustain human life? Across continents and spanning centuries, a dynamic tension continues between those who would circumscribe the Earth's bounty for private use and those who would... 2008  
Adam F. Kinney THE TRIBE, THE EMPIRE, AND THE NATION: ENFORCEABILITY OF PRE-REVOLUTIONARY TREATIES WITH NATIVE AMERICAN TRIBES 39 Case Western Reserve Journal of International Law 897 (2007-2008) If there fall out any wars between us and them, what their fight is likely to be, we having advantages against them so many manner of ways, as by our discipline, our strange weapons and devices else, especially by ordinance great and small, it may easily be imagined; by the experience we have had in some places, the turning up of their heels... 2008  
Martin Nie THE USE OF CO-MANAGEMENT AND PROTECTED LAND-USE DESIGNATIONS TO PROTECT TRIBAL CULTURAL RESOURCES AND RESERVED TREATY RIGHTS ON FEDERAL LANDS 48 Natural Resources Journal 585 (Summer, 2008) Several Native Nations in the United States have cultural resources and reserved treaty rights on federal lands. This article examines two approaches that can be used to protect such values and rights: the use of cooperative management models and protected land-use designations made by Congress or federal land agencies. Background on both subjects... 2008  
Charles de Saillan THE USE OF IMMINENT HAZARD PROVISIONS OF ENVIRONMENTAL LAWS TO COMPEL CLEANUP AT FEDERAL FACILITIES 27 Stanford Environmental Law Journal 43 (January, 2008) I. Introduction. 45 II. The Environmental Problem: The Federal Government as a Polluter. 48 A. An Overview of the Environmental Problem. 49 B. Specific Examples of the Environmental Problem. 51 III. The Legal Problem: The Federal Government as a Lawbreaker. 59 A. Sovereign Immunity. 59 1. Origins and History of Federal Sovereign Immunity. 60 2.... 2008  
George P. Generas, Jr. , Karen Gantt THIS LAND IS YOUR LAND, THIS LAND IS MY LAND: INDIAN LAND CLAIMS 28 Journal of Land, Resources, and Environmental Law 1 (2008) I. Purpose. 1 II. Pre-Constitution Era. 2 III. The Confederation and Constitution Era. 6 IV. The Indian Trade and Intercourse Acts. 9 V. The Marshall Trilogy. 10 VI. The Modern Era. 14 VII. Federal Recognition. 15 VIII. Federal Land Claims Settlement Acts. 15 IX. Origin of the Acts. 16 X. The Modern Era: The Oneida Claims I and II. 17 2008  
Sara Colangelo TRANSFORMING WATER TRANSFERS: THE EVOLUTION OF WATER TRANSFER CASE LAW AND THE NPDES WATER TRANSFERS PROPOSED RULE 35 Ecology Law Quarterly 107 (2008) Water transfers, the human-induced movement of water from one place to another, have historically sustained development of vast areas of otherwise uninhabitable land in the western United States, and have recently become a popular method for alleviating water allocation problems and scarcity in the eastern United States. As demands on water... 2008  
Mary Christina Wood , Zachary Welcker TRIBES AS TRUSTEES AGAIN (PART I): THE EMERGING TRIBAL ROLE IN THE CONSERVATION TRUST MOVEMENT 32 Harvard Environmental Law Review 373 (2008) History suggests that if mankind is to survive, the next five hundred years must be rooted in the pre-Columbian ethic of the Native American. The second American quincentenary belongs to the Indian. The continuation of the past, the conqueror's exploitation of the earth, can mean only one thing. No one, Indian or non-Indian, will survive. --Rennard... 2008  
Mary Christina Wood , Matthew O'Brien TRIBES AS TRUSTEES AGAIN (PART II): EVALUATING FOUR MODELS OF TRIBAL PARTICIPATION IN THE CONSERVATION TRUST MOVEMENT 27 Stanford Environmental Law Journal 477 (June, 2008) I. Introduction. 479 II. The Mechanics of Private Conservation. 481 A. Fee Ownership Versus Conservation Easement. 481 B. Funding Concerns and Financial Incentives. 482 1. Financial Arrangements of Transfer. 482 2. Costs Associated with A Conservation Transaction. 483 3. Tax Incentives For Private Conservation. 484 C. The Holder Issue. 486 D. The... 2008  
Lillian Aponte Miranda UPLOADING THE LOCAL: ASSESSING THE CONTEMPORARY RELATIONSHIP BETWEEN INDIGENOUS PEOPLES' LAND TENURE SYSTEMS AND INTERNATIONAL HUMAN RIGHTS LAW REGARDING THE ALLOCATION OF TRADITIONAL LANDS AND RESOURCES IN LATIN AMERICA 10 Oregon Review of International Law 419 (2008) I. Indigenous Peoples as Subjects of International Law. 423 II. Indigenous Peoples' Contemporary Claims to Lands and Resources Under Human Rights Law. 428 III. Indigenous Peoples' Litigation Regarding Their Traditional Lands and Resources Before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. 433 IV. The... 2008  
Elizabeth Burleson WATER IS SECURITY 31-SPG Environs Environmental Law and Policy Journal 197 (Spring 2008) Introduction. 197 I. The Shared Responsibility Of Water. 200 II. Indigenous Peoples And Water. 203 III. Civil Society Participation And Public Education. 206 IV. Pollution. 209 Conclusion. 214 Reasonable and equitable water resource decision-making is at the core of good governance around the world. Some solutions are as simple as rainwater... 2008  
  WATER RESOURCES 2008 ABA Environment, Energy, and Resources Law: The Year in Review 316 (2008) The province of Manitoba in Manitoba v. Norton succeeded in challenging the Bureau of Reclamation's (Reclamation) Environmental Assessment and Finding of No Significant Impact issued in connection with the State of North Dakota and Reclamation's Northwest Area Water Supply Project, but the project will proceed. The project will supply water from... 2008  
Alexander Wood WATERING DOWN FEDERAL COURT JURISDICTION: WHAT ROLE DO FEDERAL COURTS PLAY IN DECIDING WATER RIGHTS? 23 Journal of Environmental Law & Litigation 241 (2008) I. Judicially Created Abstention Doctrines. 244 II. Balancing Federal Reserved Water Rights and State Water Rights. 247 A. Whose Right to What Water Under Which Sovereign's Court of Law. 247 B. The McCarran Amendment's Limitation on Federal Decision Makers. 251 III. Colorado River Abstention. 252 A. Colorado River Overview. 252 B. Subsequent... 2008  
H. Ray Liaw WOMEN'S LAND RIGHTS IN RURAL CHINA: TRANSFORMING EXISTING LAWS INTO A SOURCE OF PROPERTY RIGHTS 17 Pacific Rim Law & Policy Journal 237 (January, 2008) Abstract:In the aftermath of legal reforms designed to secure land tenure for farmers, women in rural China lost rights to land at marriage, divorce, and widowhood. Despite a central legal framework that facially protects women's property interests, ambiguity in the property and marriage laws have allowed village leaders to reassert traditional... 2008  
Cheryl I. Harris "TOO PURE AN AIR:" SOMERSET'S LEGACY FROM ANTI-SLAVERY TO COLORBLINDNESS 13 Texas Wesleyan Law Review 439 (Symposium 2007) I. Introduction. 439 II. The Legacy in England. 445 III. In the Former Colonies. 449 IV. The Contemporary Legacy of Somerset. 451 A. Supreme Court Doctrine and Anti-contamination. 453 B. Popular Politics, Initiatives, and Anti-contamination. 456 V. Conclusion. 458 2007  
Dr. David VanderZwaag A GLOBAL TREATY TO ADDRESS LAND-BASED SOURCES OF MARINE POLLUTION 12 Ocean and Coastal Law Journal 355 (2007) Protecting the Marine Environment from Land-Based Sources of Pollution: Towards Effective International Cooperation. By Daud Hassan. Burlington VT, Ashgate 2006. Pp. 233. Land-based sources of pollution are estimated to be the source of approximately eighty percent of all marine pollution. In Protecting the Marine Environment from Land-Based... 2007  
Shelli Stewart A LIMITED FUTURE: THE ALIEN TORT CLAIMS ACT IMPACTING ENVIRONMENTAL RIGHTS: RECONCILING PAST POSSIBILITIES WITH FUTURE LIMITATIONS 31 American Indian Law Review 743 (2006-2007) Indigenous peoples have become the focus of considerable attention within the international human rights movement. This has been the result of indigenous peoples' efforts. Indigenous peoples have ceased to be mere objects of the discussion of their rights and have become real participants in an extensive multilateral dialogue that also has engaged... 2007  
Sara C. Aminzadeh A MORAL IMPERATIVE: THE HUMAN RIGHTS IMPLICATIONS OF CLIMATE CHANGE 30 Hastings International and Comparative Law Review 231 (Winter 2007) Climate change is increasingly identified as one of the major crises facing the international community in the 21st century. Even conservative forecasts predict dramatic effects to environments, economies, and people around the world. Although climate change is already understood as an environmental problem, and increasingly as an economic one, the... 2007  
Glenn C. Reynolds A NATIVE AMERICAN LAND ETHIC 21-WTR Natural Resources & Environment 16 (Winter, 2007) Native Americans vastly enrich America's environmental legacy and evolving cultural ecology. This contribution is revealed in a successful effort to stop a proposal to mine sulfide zinc and copper ore in northeastern Wisconsin in the midst of some of the purest water on earth. After a twenty-eight-year struggle, one of the smallest Native American... 2007  
Joshua Mann A RESERVOIR RUNS THROUGH IT: A LEGISLATIVE AND ADMINISTRATIVE HISTORY OF THE SIX PUEBLOS' RIGHT TO STORE "PRIOR AND PARAMOUNT" WATER AT EL VADO 47 Natural Resources Journal 733 (Summer, 2007) This article explores the Six Middle Rio Grande Pueblo tribes' right to store water at El Vado Reservoir. Although not explicitly authorized in the Act of 1928, the legislative history suggests that implicit in the Act is authority for the Six Pueblos to store water at El Vado. The seventieth Congress believed the Six Pueblos' land suffered from a... 2007  
Sonja Klopf, Nada Wolff Culver, Pete Morton A ROAD MAP TO A BETTER NEPA: WHY ENVIRONMENTAL RISK ASSESSMENTS SHOULD BE USED TO ANALYZE THE ENVIRONMENTAL CONSEQUENCES OF COMPLEX FEDERAL ACTIONS 8 Sustainable Development Law & Policy 38 (Fall, 2007) Over thirty-five years have passed since the enactment of the National Environmental Policy Act (NEPA), the basic national charter for protection of the environment, and one of the most important environmental laws passed by the U.S. Congress. The provisions of NEPA were intended to help public officials make decisions with an understanding of... 2007  
Marlene B. Schwartz, Kelly D. Brownell ACTIONS NECESSARY TO PREVENT CHILDHOOD OBESITY: CREATING THE CLIMATE FOR CHANGE 35 Journal of Law, Medicine & Ethics 78 (Spring, 2007) After years of near total neglect, the problem of childhood obesity is now in the limelight. Terms like epidemic, crisis, and emergency are used frequently when describing the trend. Progress is defined with strong language (e.g., the need for a war on obesity) and fueled by statistics such as the observation that this generation of... 2007  
Ronald Singh ADVANCING A "CARROT AND STICK" FRAMEWORK FOR EFFECTIVE CARICOM ENVIRONMENTAL COOPERATION AND GOVERNANCE 16 Penn State Environmental Law Review 199 (Fall 2007) This article reinforces the strong link between economic growth and environmental integrity. In the Caribbean, the bid to preserve the environment's integrity is an unattainable task without the cooperation of the CARICOM member states. Although the birth of CARICOM had promised to usher in an era of mutual support and cooperation very little of... 2007  
Christine L. Jones AFFIRMATIVE ACTION AND LAND-GRANT UNIVERSITIES IN THE MILLENNIUM: WHEN WILL WE FULFILL THE ORIGINAL PROMISE? 10 University of the District of Columbia Law Review 1 (Spring 2007) On the occasion of the Bicentennial of the Constitution, Associate Supreme Court Justice Thurgood Marshall observed that the Constitution's framers - even those with anti-slavery convictions - made compromises that enshrined and protected slavery and the slave trade, all without ever mentioning the words slave or slavery in the final document.... 2007  
Meredith Mullins AMERICAN-INDIAN LAW - TAXATION - MICHIGAN GENERAL PROPERTY TAX ACT IS NOT VALID AGAINST INDIAN RESERVATION LAND ALLOTED UNDER THE 1854 TREATY BECAUSE CONGRESS DID NOT EXPRESSLY AUTHORIZE IT. KEWEENAW BAY INDIAN COMMUNITY V. NAFTALY, 452 F.3D 514 (6TH CIR. 85 University of Detroit Mercy Law Review 57 (Fall 2007) In Keweenaw Bay Indian Community v. Naftaly, the Sixth Circuit granted leave to appeal to determine whether application of the Michigan General Property Tax Act (hereinafter Act) would violate the terms of the 1854 Treaty. Plaintiff, a federally recognized American-Indian tribe and the successor in interest of the Chippewa Indian bands, filed a... 2007  
Benjamin Martin AN ENVIRONMENTAL REMEDY TO PARALYZED NEGOTIATIONS FOR A MULTILATERAL FOREIGN DIRECT INVESTMENT AGREEMENT 1 Golden Gate University Environmental Law Journal 209 (Summer 2007) I. Introduction II. What is FDI, and What Are Its Environmental Impacts in Developing Nations? A. What is FDI? B. The Environmental Implications of FDI i. A Survey of Competing Views ii. Prospects Relating to Sustainable Development C. Race-to-the-Bottom Concerns III. Representing Developed and Developing Nations' Investment Interests through BITs... 2007  
Shawkat Alam AN EXAMINATION OF THE INTERNATIONAL ENVIRONMENTAL LAW GOVERNING THE PROPOSED INDIAN RIVER-LINKING PROJECT AND AN APPRAISAL OF ITS ECOLOGICAL AND SOCIO-ECONOMIC IMPLICATIONS FOR LOWER RIPARIAN COUNTRIES 19 Georgetown International Environmental Law Review 209 (Winter, 2007) C1-3Contents I. Introduction. 210 II. The Indian River-Linking Project and Its Likely Impacts. 211 A. Project Description. 211 B. Likely Environmental and Socio-Economic Impacts of the Project on Bangladesh. 213 III. International Law Governing International Rivers. 217 A. Principles of International Law and General International Environmental... 2007  
Dante Gatmaytan-Magno ARTIFICIAL JUDICIAL ENVIRONMENTAL ACTIVISM: OPOSA V. FACTORAN AS ABERRATION 17 Indiana International & Comparative Law Review 1 (2007) Over the years, the Philippine Supreme Court has built a reputation as a proponent of judicial environmental activism. The Court seemed to understand the imperative of tempering economic growth with protecting the environment. In a 1990 case, the Court stated: While there is a desire to harness natural resources to amass profit and to meet the... 2007  
Bonnie G. Colby ASSESSING THE VALUE OF ADJUDICATIONS IN A WORLD OF UNCERTAINTY: AN ECONOMIC PERSPECTIVE 10 University of Denver Water Law Review 327 (Spring, 2007) I. Introduction and Overview. 327 II. Adjudication in the Context of Economic Decisions and Pervasive Uncertainty. 330 III. A Conceptual Framework for Economic Evaluation of Adjudications. 332 A. Costs. 333 B. Benefits. 335 C. The Counterfactual -- Constructing With and Without Scenarios. 338 D. State of Knowledge on Adjudication Costs, Benefits.... 2007  
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