| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Daniel A. Farber |
BASIC COMPENSATION FOR VICTIMS OF CLIMATE CHANGE |
155 University of Pennsylvania Law Review 1605 (June, 2007) |
Global climate change is the greatest environmental challenge facing the world today. The most urgent issue is how to prevent further accumulation of greenhouse gases (GHGs) that will only fuel the process. The next priority is to implement adaptive measures, limiting harm to the extent that climate change cannot be avoided. Some degree of climate... |
2007 |
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| Karl Kohlhoff , David Roberts |
BEYOND THE COLORADO RIVER: IS AN INTERNATIONAL WATER AUGMENTATION CONSORTIUM IN ARIZONA'S FUTURE? |
49 Arizona Law Review 257 (Summer 2007) |
In his book Beyond the Hundredth Meridian, Wallace Stegner wrote, Water is the true wealth in a dry land; without it, land is worthless or nearly so. In Arizona, water is the state's lifeblood, allowing people, crops, wildlife, and industry to thrive, even in a desert. In order to obtain the highest return on its value, however, the use of water... |
2007 |
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| Richard J. Lazarus |
BILL RODGERS: ENVIRONMENTAL LAW'S CAPTAIN PLANET |
82 Washington Law Review 493 (August, 2007) |
Captain Planet is, of course, nature's own superhero, albeit in the limited confines of network television. Together with the Planeteers, five youngsters each possessing one of nature's powers (earth, fire, wind, water, and heart), Captain Planet seeks no less than to save the earth from environmental pollution and natural resource destruction. He... |
2007 |
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| Bradley N. Lewis |
BITING WITHOUT TEETH: THE CITIZEN SUBMISSION PROCESS AND ENVIRONMENTAL PROTECTION |
155 University of Pennsylvania Law Review 1229 (May, 2007) |
The Dominican Republic-Central American-United States Free Trade Agreement (CAFTA-DR), recently ratified by the U.S. Congress and signed by the President, has been a controversial piece of the Bush administration's economic policy. The treaty is principally aimed at expanding the market for U.S. business opportunities within the region and... |
2007 |
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| David Dodds |
BREAKING UP IS HARD TO DO: ENVIRONMENTAL EFFECTS OF SHIPWRECKING AND POSSIBLE SOLUTIONS UNDER INDIA'S ENVIRONMENTAL REGIME |
20 Pacific McGeorge Global Business & Development Law Journal 207 (2007) |
I. Introduction. 208 II. Shipwrecking: The Need and the Process. 209 A. The Need. 210 B. Possible Alternatives to Shipwrecking. 211 C. The Economic End of Ships. 212 D. The Process of Dismantling a Ship. 213 E. India: The World Shipwrecking Leader. 215 III. Environmental Effects of Shipwrecking. 217 A. PCBs. 217 B. Asbestos. 218 C. TBT. 219 D.... |
2007 |
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| Alon Tal , Jessica A. Cohen |
BRINGING "TOP-DOWN" TO "BOTTOM-UP": A NEW ROLE FOR ENVIRONMENTAL LEGISLATION IN COMBATING DESERTIFICATION |
31 Harvard Environmental Law Review 163 (2007) |
By the outset of the twentieth century, colonial governments in Africa had identified a process that soon came to be called desertification and prioritized conservation efforts to address it. Desertification occurred when land cover in the drylands was lost or removed, with the result that the soil became vulnerable and organic matter was readily... |
2007 |
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| Bradford Mank |
CAN PLAINTIFFS USE MULTINATIONAL ENVIRONMENTAL TREATIES AS CUSTOMARY INTERNATIONAL LAW TO SUE UNDER THE ALIEN TORT STATUTE? |
2007 Utah Law Review 1085 (2007) |
I. Introduction. 1086 II. General Principles: The Evolution of ATS Cases from Filartiga to Sosa. 1089 A. History of the ATS. 1089 B. The Law of Nations: Filartiga v. Pena-Irala and Its Progeny. 1090 C. United States Treaties. 1093 D. Private Versus State Actors. 1095 E. Defenses. 1098 III. Environmental Claims Under the ATS Before Sosa. 1100 A.... |
2007 |
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| Viola Sanchez |
CARRYOVER STORAGE OF INDIAN PRIOR AND PARAMOUNT WATER IN EL VADO |
47 Natural Resources Journal 697 (Summer, 2007) |
Storage and release for the Six Middle Rio Grande Pueblos has taken place at El Vado Reservoir since the reservoir was first used in 1935. No distinction was made between the lands being served and their appurtenant water rights in storage and delivery in the early years of El Vado operation. El Vado storage and release for Indian lands became an... |
2007 |
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| Mark Terzaghi Howe, Thomas Jantunen, Andrew Ellis, Jeff McGaughran |
CHANGING VALUES, CHANGING CONFLICTS AMERICAN BAR ASSOCIATION SECTION OF ENVIRONMENT, ENERGY, AND RESOURCES 25TH ANNUAL WATER LAW CONFERENCE |
10 University of Denver Water Law Review 433 (Spring, 2007) |
San Diego, California February 22-23, 2007 |
2007 |
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| Wendy Wagner, Lynn Blais |
CHILDREN'S HEALTH AND ENVIRONMENTAL EXPOSURE RISKS: INFORMATION GAPS, SCIENTIFIC UNCERTAINTY, AND REGULATORY REFORM |
17 Duke Environmental Law and Policy Forum 249 (Spring 2007) |
The regulatory reform movement has focused the nation's attention on the importance of prioritizing our regulatory agenda to assure that the worst risks are addressed first and that the costs of regulations do not far exceed the benefits they promise to deliver. Virtually all of the regulatory reform activities within the Executive Branch over the... |
2007 |
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| Eric A. Posner |
CLIMATE CHANGE AND INTERNATIONAL HUMAN RIGHTS LITIGATION: A CRITICAL APPRAISAL |
155 University of Pennsylvania Law Review 1925 (June, 2007) |
What is the appropriate legal and political strategy for limiting the emission of greenhouse gases? A number of scholars have advocated litigation, a subset of which would be international human rights litigation in which victims of the climatic effects of greenhouse gas emissions would obtain damages from corporations, and possibly states, that... |
2007 |
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| Hari M. Osofsky |
CLIMATE CHANGE LITIGATION AS PLURALIST LEGAL DIALOGUE? |
26A Stanford Environmental Law Journal 181 (6/1/2007) |
I. Introduction. 182 II. Legal Pluralist Dialogues. 189 A. Law and Geography. 189 B. Judicial Dialogue. 191 C. Legal Pluralism. 194 III. Actors in Dialogue: A Case Study of California. 196 A. California's Climate Change Litigation. 197 B. International Lawmaking in the Cases?. 202 C. California's Climate Change Policy. 205 D. California as... |
2007 |
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| Hari M. Osofsky |
CLIMATE CHANGE LITIGATION AS PLURALIST LEGAL DIALOGUE? |
43A Stanford Journal of International Law 181 (6/1/2007) |
I. Introduction. 182 II. Legal Pluralist Dialogues. 189 A. Law and Geography. 189 B. Judicial Dialogue. 191 C. Legal Pluralism. 194 III. Actors in Dialogue: A Case Study of California. 196 A. California's Climate Change Litigation. 197 B. International Lawmaking in the Cases?. 202 C. California's Climate Change Policy. 205 D. California as... |
2007 |
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| Randall S. Abate |
CLIMATE CHANGE, THE UNITED STATES, AND THE IMPACTS OF ARCTIC MELTING: A CASE STUDY IN THE NEED FOR ENFORCEABLE INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS |
26A Stanford Environmental Law Journal 3 (6/1/2007) |
I. Introduction. 4 II. Domestic and International Recognition of Environmental Human Rights. 10 A. The Rebirth of Human Rights Theories in U.S. Environmental Law. 10 1. Public trust doctrine. 11 2. State constitutional right to environment provisions. 13 3. Public Nuisance. 18 B. The Synergy Between Human Rights and Environmental Rights on a Global... |
2007 |
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| Randall S. Abate |
CLIMATE CHANGE, THE UNITED STATES, AND THE IMPACTS OF ARCTIC MELTING: A CASE STUDY IN THE NEED FOR ENFORCEABLE INTERNATIONAL ENVIRONMENTAL HUMAN RIGHTS |
43A Stanford Journal of International Law 3 (6/1/2007) |
I. Introduction. 4 II. Domestic and International Recognition of Environmental Human Rights. 10 A. The Rebirth of Human Rights Theories in U.S. Environmental Law. 10 1. Public trust doctrine. 11 2. State constitutional right to environment provisions. 13 3. Public Nuisance. 18 B. The Synergy Between Human Rights and Environmental Rights on a Global... |
2007 |
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| Geoffrey E. Roughton |
COMPREHENSIVE LAND REFORM AS A VEHICLE FOR CHANGE: AN ANALYSIS OF THE OPERATION AND IMPLICATIONS OF THE TANZANIAN LAND ACTS OF 1999 AND 2004 |
45 Columbia Journal of Transnational Law 551 (2007) |
Like many other African countries, Tanzania has attempted to effect comprehensive land law and tenure reform in order to achieve broader economic, political, and social goals. The land acts discussed in this Note constitute Tanzania's most recent efforts in this regard. This Note attempts to explain the historical background to this land-reform... |
2007 |
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| Jake J. Allen |
CONDUCTING EMBRYONIC STEM CELL RESEARCH ON NATIVE LANDS IN MICHIGAN |
11 Michigan State University Journal of Medicine & Law 395 (Summer, 2007) |
C1-3Table of Contents Introduction. 396 I. The Science and Importance of Stem Cell Research. 398 A. What Is a Stem Cell?. 398 B. How Are Stem Cells Obtained?. 399 C. Why Scientists Are Not Satisfied With Use of the Existing Federally Funded Embryonic Stem Cell Lines. 400 D. Why Scientists Are Not Satisfied with Just the Use of Adult and Cord Stem... |
2007 |
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| Valerie J. M. Brader |
CONGRESS' PET: WHY THE CLEAN AIR ACT'S FAVORITISM OF CALIFORNIA IS UNCONSTITUTIONAL UNDER THE EQUAL FOOTING DOCTRINE |
13 Hastings West-Northwest Journal of Environmental Law, Policy 119 (Winter 2007) |
The Clean Air Act gives two regulatory powers to one state--California--that it forbids to all others: the power to regulate fuels, and the power to regulate motor vehicle construction. This paper makes the novel argument that by creating a differential in power between the states, these provisions violate the equal footing doctrine, and are... |
2007 |
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| Peter Lavigne |
CONNECTION LINES: RE-DEFINING WESTERN AND U.S. ENVIRONMENTAL POLICY: A REVIEW ESSAY BY PETER LAVIGNE |
47 Natural Resources Journal 999 (Fall, 2007) |
The American West as a region has always been iconic and defined by images of opposites: cowboys and Indians; rogues, ruffians, and heroes. In the late twentieth and now the twenty-first centuries, a re-definition and re-thinking of conservation, environmentalism, and the West as a region is occurring. In contrast to the clearance of the red man... |
2007 |
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| Thomas Gunton |
COPING WITH THE SPECTER OF URBAN MALAISE IN A POSTMODERN LANDSCAPE: THE NEED FOR A DETROIT LAND BANK AUTHORITY |
84 University of Detroit Mercy Law Review 521 (Summer 2007) |
Beginning in the middle of the last century, U.S. cities, once the resplendent centers of American industrial might and haute couture, have endured a slow, enervating decay from within. The creeping eclipse of the American metropolis is revelatory of a number of systemic, national weaknesses and is attributable to a bevy of underlying causes. The... |
2007 |
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| Audrey Koecher |
CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL HUMAN RIGHTS ABUSE IN DEVELOPING NATIONS: MAKING THE CASE FOR PUNITIVE DAMAGES UNDER THE ALIEN TORT CLAIMS ACT |
17 Journal of Transnational Law & Policy 151 (Fall, 2007) |
Professors Marc Galanter and David Luban argue that punitive damages constitute the best available means for social control . . . of economically formidable wrongdoers. However, many of the most economically formidable corporations conduct operations outside the borders of the United States, where punitive damages are generally not available or... |
2007 |
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| Aurelie Lopez |
CRIMINAL LIABILITY FOR ENVIRONMENTAL DAMAGE OCCURRING IN TIMES OF NON-INTERNATIONAL ARMED CONFLICT: RIGHTS AND REMEDIES |
18 Fordham Environmental Law Review 231 (Spring 2007) |
Under the Rome Statute, the International Criminal Court (ICC) has jurisdiction over the most serious crimes of concern to the international community as a whole ... committed after the statute entered into force on July 1, 2002. The expression most serious crimes encompasses genocide, crimes against humanity, war crimes and the crime of... |
2007 |
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| Amy Ochoa Carson |
EAST TIMOR'S LAND TENURE PROBLEMS: A CONSIDERATION OF LAND REFORM PROGRAMS IN SOUTH AFRICA AND ZIMBABWE |
17 Indiana International & Comparative Law Review 395 (2007) |
This Note suggests ways to alleviate East Timor's land tenure problems. These problems resulted from the country's complicated history. In 2002, East Timor was given its long-awaited independence and became the world's newest nation. Since being discovered in the 1500s, East Timor was originally a Portuguese colony and, more recently, an Indonesian... |
2007 |
|
| Jason Stone |
EDITORIAL SYNOPSIS OF THE 30TH ANNUAL PUBLIC LAND LAW CONFERENCE |
28 Public Land & Resources Law Review 1 (2007) |
I. CONFERENCE TOPIC BACKGROUND. 1 A. Genesis - Love Canal. 2 B. Chronicle - The Upper Clark Fork River Basin. 3 II. NATIONAL PERSPECTIVES ON NRD ASSESSMENT AND RESTORATION. 6 A. Overview of NRD Law and Policy. 6 B. NRD Law and Policy - With a Special Emphasis on Indian Tribes. 8 C. National Trends and Directions in NRD. 10 III. FOCUS ON THE CLARK... |
2007 |
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| Karin P. Sheldon |
EIGHT LESSONS IN SEARCH OF THE FUTURE: OBSERVATIONS ON THE OCCASION OF THE SILVER ANNIVERSARY OF THE VIRGINIA ENVIRONMENTAL LAW JOURNAL |
25 Virginia Environmental Law Journal 37 (2007) |
I. Introduction. 37 II. Where Have We Come From?. 39 III. Where Are We Going?. 42 IV. Eight Lessons. 43 A. One Size Does Not Fit All. 43 B. Strings Are Attached. 44 C. Ecosystems Are Not Just Pretty Pictures. 45 D. Environmental Law Begins at Home. 48 E. Objects in Your Mirror Are Closer Than They Appear. 50 F. We Need a Bigger Table. 51 G. Carrots... |
2007 |
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| Mark Atlas |
ENFORCEMENT PRINCIPLES AND ENVIRONMENTAL AGENCIES: PRINCIPAL-AGENT RELATIONSHIPS IN A DELEGATED ENVIRONMENTAL PROGRAM |
41 Law and Society Review 939 (December, 2007) |
This article examines whether states shirked enforcement responsibilities in their principal-agent relationship with the federal government when implementing a delegated environmental program. It evaluates determinants of environmental enforcement stringency, particularly whether penalties were less when imposed by states than by the federal... |
2007 |
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| Jennifer Cassel |
ENFORCING ENVIRONMENTAL HUMAN RIGHTS: SELECTED STRATEGIES OF US NGOS |
6 Northwestern Journal of International Human Rights 104 (Fall, 2007) |
The connection between environmental damage and human rights would seem to be self-apparent. When air is polluted by toxic fumes, people who breathe those fumes are injured, perhaps even killed. When water becomes contaminated, people who drink that water may become sick, and pregnant women who drink it may pass the contaminants on to their unborn... |
2007 |
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| Katy Bartelma, Ewa Budz, John Kraemer |
ENVIRONMENTAL CRIMES |
44 American Criminal Law Review 409 (Spring, 2007) |
I. Introduction. 411 A. Criminal versus Civil Penalties. 412 B. Enforcement. 413 C. Interaction with Other Criminal Violations. 414 II. General Issues. 415 A. Overview of Elements of Environmental Criminal Violations. 415 B. Liability. 415 1. Corporate Liability. 415 2. Individual Liability. 418 C. Common Defenses. 419 1. Constitutional Defenses.... |
2007 |
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ENVIRONMENTAL ENFORCEMENT AND CRIMES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 61 (2007) |
According to Granta Y. Nakayama, assistant administrator for the U.S. Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance, [t]he EPA cop is on the beat. There is no denying this statement when reviewing the enforcement and compliance results for fiscal year (FY) 2007. Exceeding its previous record in FY 2005 by... |
2007 |
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| Laura Karvosky |
EPA GIVES ANIMAL FEEDING OPERATIONS IMMUNITY FROM ENVIRONMENTAL STATUTES IN A "SWEETHEART DEAL" |
8 Vermont Journal of Environmental Law 115 (2006-2007) |
In the United States the farming industry has shifted from small, family-owned farms to corporate conglomerates manufacturing large concentrations of animals in confined spaces. These operations are referred to as Animal Feeding Operations (AFOs) or factory farms. Hog farming is a prime example of the current trend across the agriculture sector... |
2007 |
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| Nita Ghei |
EVALUATING THE WTO'S TWO STEP TEST FOR ENVIRONMENTAL MEASURES UNDER ARTICLE XX |
18 Colorado Journal of International Environmental Law and Policy 117 (Winter 2007) |
Both free trade proponents and environmental activists have expressed considerable dissatisfaction with respect to the WTO's exercise of authority on the impact of environmental measures on international trade. This article first sets out an analytical framework, based on public choice theory, which examines the incentives to implement measures to... |
2007 |
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| Richard Webster |
FEDERAL ENVIRONMENTAL ENFORCEMENT: IS LESS MORE? |
18 Fordham Environmental Law Review 303 (Spring 2007) |
The world of environmental enforcement is deliberately shrouded in mystery and is rife with strategic behavior among a limited number of players. Thus, the pre-requisite conditions for a race-to-the-bottom are in place. Such a race-to-the-bottom entails a lowering of environmental standards that also produces a lowering in net social welfare, i.e.,... |
2007 |
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| John B. Weldon, Jr. , Lisa M. McKnight |
FUTURE INDIAN WATER SETTLEMENTS IN ARIZONA: THE RACE TO THE BOTTOM OF THE WATERHOLE? |
49 Arizona Law Review 441 (Summer 2007) |
Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... |
2007 |
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| Alan Boyle |
HUMAN RIGHTS OR ENVIRONMENTAL RIGHTS? A REASSESSMENT |
18 Fordham Environmental Law Review 471 (Symposium, 2007) |
Environmental rights do not fit neatly into any single category or generation of human rights. They can be viewed from at least three perspectives, straddling all the various categories or generations of human rights. First, existing civil and political rights can be used to give individuals, groups and nongovernmental organizations (NGOs) access... |
2007 |
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| Judith Wise |
HUNGER AND THIEVES: ANTICIPATING THE IMPACT OF WTO SUBSIDIES REFORM ON LAND AND SURVIVAL IN BRAZIL |
31 American Indian Law Review 531 (2006-2007) |
Todo Mundo Tem Direito a Vida Todo Mundo Tem Direito Igual -Lenine After many months of fractious debate, the World Trade Organization's Doha Round of negotiations is dead on the table. Ultimately, the state parties could not agree on a plan that would keep the promise they had made themselves at the ministerial meeting in Hong Kong, in December... |
2007 |
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| Mary Jane Angelo , Mark T. Brown |
INCORPORATING EMERGY SYNTHESIS INTO ENVIRONMENTAL LAW: AN INTEGRATION OF ECOLOGY, ECONOMICS, AND LAW |
37 Environmental Law 963 (Fall 2007) |
Emergy synthesis, first developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decision making by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some... |
2007 |
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| Patrick W. Wandres |
INDIAN LAND CLAIMS: SHERRILL AND THE IMPENDING LEGACY OF THE DOCTRINE OF LACHES |
31 American Indian Law Review 131 (2006-2007) |
Indian land disputes have been the source of legal controversy since the founding of the United States. In 1970, lands purchased, confiscated, or otherwise acquired by the United States from Indian tribes had an estimated value of over $560,000,000,000. Indian tribes had remote success in the hard-fought federal litigation of land claims until... |
2007 |
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| Summer Sylva |
INDIGENIZING WATER LAW IN THE 21ST CENTURY: NA MOKU AUPUNI O KO'OLAU HUI, A NATIVE HAWAIIAN CASE STUDY |
16 Cornell Journal of Law & Public Policy 563 (Summer 2007) |
INTRODUCTION: THE CONTEMPORARY LANDSCAPE OF WATER LAW IN HAWAII. 563 I. NATIVE HAWAIIAN UNDERSTANDINGS OF WATER. 566 II. HAWAII'S PUBLIC TRUST DOCTRINE. 568 III. HAWAII'S LEADING WATER LAW CASES. 572 IV. NA MOKU CASE STUDY. 576 CONCLUSION. 578 |
2007 |
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| Joseph Kieyah JD/PhD |
INDIGENOUS PEOPLES' LAND RIGHTS IN KENYA: A CASE STUDY OF THE MAASAI AND OGIEK PEOPLE |
15 Penn State Environmental Law Review 397 (Spring 2007) |
I. Introduction. 398 II. Historical Background. 400 A. Pre-Colonial Era. 400 B. Colonial Era. 402 C. Post-Colonial Era. 404 III. Evolution of Land Laws. 406 A. Protectorate Status. 406 B. Land Laws. 407 1. Policy of Land Occupied by Europeans. 407 2. Policy of Land Occupied by Africans. 408 IV. Legal Analysis of Protection of Maasai Land Rights.... |
2007 |
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INTERNATIONAL ENVIRONMENTAL LAW |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 97 (2007) |
This report reviews some of the major developments in international environmental law (IEL) during 2007. It discusses developments under relevant bilateral and multilateral international agreements, provides highlights from major conferences and meetings, and surveys significant reports and other publications. It is, by necessity, selective rather... |
2007 |
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| Raechel Anglin |
INTERNATIONAL ENVIRONMENTAL LAW GETS ITS SEA LEGS: HAZARDOUS WASTE DUMPING CLAIMS UNDER THE ATCA |
26 Yale Law and Policy Review 231 (Fall 2007) |
Prologue: Hazardous Waste Crisis in Côte d'Ivoire. 232 Introduction. 233 I. Contemporary ATCA Jurisprudence: How a Law of Nations Norm Is Defined. 240 II. The International Norm Against Dumping as a Law of Nations: Definition and Consensus. 245 A. Defining the Norm Against Dumping. 246 B. International Consensus Against Dumping Hazardous Waste... |
2007 |
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| Timo Koivurova |
INTERNATIONAL LEGAL AVENUES TO ADDRESS THE PLIGHT OF VICTIMS OF CLIMATE CHANGE: PROBLEMS AND PROSPECTS |
22 Journal of Environmental Law & Litigation 267 (2007) |
I. Taking Climate Change to International Legal Proceedings. 270 A. Climate Regime. 272 B. General International Law. 278 C. Sector Regimes. 283 II. Inuit vs. United States: Petition to the IACHR Regarding Destructive Impacts of Climate Change. 285 A. The Inuit Petition. 286 B. Possible Consequences of the IACHR's Decision. 293 III. Conclusion. 295 |
2007 |
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| Vivian H.W. Wang |
INVESTOR PROTECTION OR ENVIRONMENTAL PROTECTION? "GREEN" DEVELOPMENT UNDER CAFTA |
32 Columbia Journal of Environmental Law 251 (2007) |
Introduction. 251 I. CAFTA's Framework for Investor and Environmental Protection. 257 A. Environmental Regulations as Indirect Expropriation. 259 1. What is Indirect Expropriation?. 259 2. Case Studies: Metalclad v. United Mexican States and Methanex v. United States. 263 B. Citizen Submissions on Environmental Enforcement.. 270 II. Increased... |
2007 |
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| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
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| Michael C. Blumm , Sherry L. Bosse |
JUSTICE KENNEDY AND THE ENVIRONMENT: PROPERTY, STATES' RIGHTS, AND A PERSISTENT SEARCH FOR NEXUS |
82 Washington Law Review 667 (August, 2007) |
Abstract: Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in... |
2007 |
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| D. Michael McBride, III , H. Leonard Court |
LABOR REGULATION, UNION AVOIDANCE AND ORGANIZED LABOR RELATIONS STRATEGIES ON TRIBAL LANDS: NEW INDIAN GAMING STRATEGIES IN THE WAKE OF SAN MANUEL BAND OF INDIANS V. NATIONAL LABOR RELATIONS BOARD |
40 John Marshall Law Review 1259 (Summer 2007) |
I. Introduction. 1260 II. San Manuel Historical Background. 1261 III. Inherent Tribal Government Powers and Federal Relationship. 1265 IV. Background of Federal Laws Applying to or Exempting Tribes. 1267 V. Analysis of San Manuel. 1259 VI. NLRB Historic Treatment of Tribes and NLRA Strategies for Tribal Governments and Their Enterprises. 1283 A.... |
2007 |
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| Edward W. McClenathan |
LAND USE IMPLICATIONS OF CASINOS AND RACINOS ON LOCAL GOVERNMENTS IN NEW YORK STATE |
39 Urban Lawyer 111 (Winter, 2007) |
Since the mid-1970s, municipalities across the country have entertained the idea of casino-style gambling as a means of solving many local problems. In 1976, buoyed by the economic success of Las Vegas, Nevada, Atlantic City, New Jersey looked to casino gambling as a tool to address urban decay. The casinos in Atlantic City were built and became... |
2007 |
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| Dave Owen |
LAW, ENVIRONMENTAL DYNAMISM, RELIABILITY: THE RISE AND FALL OF CALFED |
37 Environmental Law 1145 (Fall 2007) |
This Article examines the conceptual frameworks often used to understand and resolve controversies involving scarce and legally protected natural resources. It proposes that traditional frameworks, though ingrained in legal structures and conventional expectations, fail to adequately address tensions between resource consumption, environmental... |
2007 |
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| Jona Razzaque |
LINKING HUMAN RIGHTS, DEVELOPMENT, AND ENVIRONMENT: EXPERIENCES FROM LITIGATION IN SOUTH ASIA |
18 Fordham Environmental Law Review 587 (Symposium, 2007) |
Despite having several procedural routes to bring actions in the court, public interest litigation seems to be the often-used tool used by the community groups in India, Pakistan and Bangladesh to protect the environment. In recent years, the decisions of the courts integrate both social and ecological concerns with particular attention to... |
2007 |
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| Shi-Ling Hsu , Austen L. Parrish |
LITIGATING CANADA-U.S. TRANSBOUNDARY HARM: INTERNATIONAL ENVIRONMENTAL LAWMAKING AND THE THREAT OF EXTRATERRITORIAL RECIPROCITY |
48 Virginia Journal of International Law 1 (Fall 2007) |
Introduction. 2 I. Context: The U.S.-Canada Relationship. 7 A. A History of Dispute Avoidance and Peaceful Resolution. 7 B. The Retreat from Bilateralism. 14 II. Canada's Transboundary Pollution Problem. 24 A. A History of Transboundary Air Pollution. 25 B. The Makings of a Transboundary Air Pollution Lawsuit. 29 III. Exploring Domestic Solutions:... |
2007 |
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