| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
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MARINE RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 231 (2007) |
The Marine Resources Committee deals with diverse disciplines focused on the marine environment. The geographical breadth of that environment -- embracing coastal, estuarine, near-shore, outer continental shelf, and international waters -- is matched by the range of issues that arise in addressing the development, management, and protection of... |
2007 |
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| Stephen Higgs |
MEDIATING SUSTAINABILITY: THE PUBLIC INTEREST MEDIATOR IN THE NEW ZEALAND ENVIRONMENT COURT |
37 Environmental Law 61 (Winter 2007) |
The New Zealand Environment Court is a unique institution unlike any in the United States. The court is the principle adjudicator of disputes arising under the Resource Management Act or RMA, the first legislation in the world designed to achieve sustainability. In addition to rendering decisions, the court maintains an innovative mediation service... |
2007 |
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| Jonathan G. Dorn |
NAAEC CITIZEN SUBMISSIONS AGAINST MEXICO: AN ANALYSIS OF THE EFFECTIVENESS OF A PARTICIPATORY APPROACH TO ENVIRONMENTAL LAW ENFORCEMENT |
20 Georgetown International Environmental Law Review 129 (Fall, 2007) |
With the recent free trade debate surrounding the Central American Free Trade Agreement (CAFTA), the time seems ripe to assess the effectiveness of the North American Agreement on Environmental Cooperation (NAAEC) at promoting environmental law enforcement in Mexico and improving Mexico's environment. The NAAEC is a side agreement to the North... |
2007 |
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| Transcript of Professor Raymond Cross , Dr. William Rodgers |
NATURAL RESOURCE DAMAGE LAW AND POLICY - WITH A SPECIAL EMPHASIS ON THE INDIAN TRIBES |
28 Public Land & Resources Law Review 21 (2007) |
I'd like to add my welcome to the community of Missoula and beyond. Before I introduce our keynote speaker, Dr. William Rodgers from the University of Washington, I'd like to talk a little bit about your role, because the world your grandchildren, your great-grandchildren inherit is a world that you create for them, and that's what this conference... |
2007 |
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| David J. Sousa , Christopher McGrory Klyza |
NEW DIRECTIONS IN ENVIRONMENTAL POLICY MAKING: AN EMERGING COLLABORATIVE REGIME OR REINVENTING INTEREST GROUP LIBERALISM? |
47 Natural Resources Journal 377 (Spring, 2007) |
Scholars and practitioners frustrated by the inefficiencies of environmental policy and the excessive adversarialism of environmental politics have embraced a panoply of next generation reforms of policy and process. Reformers hope that emerging policies can be more pragmatic and efficient than those shaped by the laws of the 1960s and 1970s, and... |
2007 |
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| Jonathan M. Hanna |
ONCORHYNCHUS SPP.: CLIMATE CHANGE, PACIFIC NORTHWEST TRIBES, AND SALMON |
22-FALL Natural Resources & Environment 13 (Fall, 2007) |
Pacific Salmon (Oncorhynchus spp.) are iconic to the residents of the Pacific Northwest, and to none more so than the Native Americans of that region. For centuries, salmon have played a fundamental part in the cultural, social, economic, and spiritual life of Pacific Northwest tribes. Salmon play such a central role that the right to fish as they... |
2007 |
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| Heather Shana Banchek |
OVERCOMING A HOSTILE WORK ENVIRONMENT: RECOGNIZING SCHOOL DISTRICT LIABILITY FOR STUDENT-ON-TEACHER SEXUAL HARASSMENT UNDER TITLE VII AND TITLE IX |
55 Cleveland State Law Review 577 (2007) |
I. L2-4,T4Introduction 578 II. L2-4,T4Background 581 A. L3-4,T4Current Climate of U.S. Schools 581. B. L3-4,T4Statutory Protections 583. 1. Title VII of the Civil Rights Act of 1964. 583 2. Title IX of the Educational Amendments of 1972. 585 C. L3-4,T4Sexual Harassment: Definitions and Types 585. 1. Quid Pro Quo Sexual Harassment. 585 2.... |
2007 |
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| Jill Koren Kelley, Esq. |
OWNING THE SUN: CAN NATIVE CULTURE BE PROTECTED THROUGH CURRENT INTELLECTUAL PROPERTY LAW? |
7 Journal of High Technology Law 180 (2007) |
Intellectual property laws in the United States encourage great inventors, artists and performers to share their inventions, crafts and artistic expressions with humankind. These laws illustrate the value associated with safeguarding original creations within a protective legal framework. Typically, a specified artist or inventor must be aware of... |
2007 |
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| Douglas Nash , Cecelia Burke , Institute for Indian Estate Planning and Probate, Seattle University School of Law |
PASSING TITLE TO TRIBAL LANDS: EXISTING FEDERAL AND EMERGING TRIBAL PROBATE CODES |
50-MAY Advocate 26 (May, 2007) |
Estate planning can be complicated by many factors including the size of a client's estate, a client's desire for a multifaceted process for distributing property, the application of complex laws, taxation issues and a host of other considerations. Estate planning for Indian people takes complicated to a new level. Add to the usual complexities... |
2007 |
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| Rita Pearson Maguire, Esq. |
PATCHING THE HOLES IN THE BUCKET: SAFE YIELD AND THE FUTURE OF WATER MANAGEMENT IN ARIZONA |
49 Arizona Law Review 361 (Summer 2007) |
For the past twenty-six years, Arizona's elected officials and water managers have heralded the passage of the state's Groundwater Management Act (GMA or Groundwater Code) and its concomitant goal of safe yield. In 1986, the Ford Foundation even recognized the GMA as one of the ten most innovative programs in state and local government.... |
2007 |
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| Jacqueline Phelan Hand |
PROTECTING THE WORLD'S LARGEST BODY OF FRESH WATER: THE OFTEN OVERLOOKED ROLE OF INDIAN TRIBES' CO-MANAGEMENT OF THE GREAT LAKES |
47 Natural Resources Journal 815 (Fall, 2007) |
It has been said that water will be the oil of the twenty-first century in that struggles to acquire or retain water will be the primary factor in diplomacy and military aggression and in economic growth and decline. The struggle to acquire or retain water will be important in both the national and international arenas. The recent development of... |
2007 |
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| Li Zhiping |
PROTECTION OF PEASANTS' ENVIRONMENTAL RIGHTS DURING SOCIAL TRANSITION: RURAL REGIONS IN GUANGDONG PROVINCE |
8 Vermont Journal of Environmental Law 337 (Spring, 2007) |
China is facing rapid deterioration of the rural environment. This is a grim problem, which causes great damage to peasants' health and property; increases poverty; widens the gap between the rich and the poor; and seriously hurts the relationship between humans and nature. All of these effects negatively impact a harmonious, stable society and... |
2007 |
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| Patti Goldman |
PUBLIC INTEREST ENVIRONMENTAL LITIGATION IN CHINA: LESSONS LEARNED FROM THE U.S. EXPERIENCE |
8 Vermont Journal of Environmental Law 251 (Spring, 2007) |
The rapid pace of economic development in China, and the sheer size and density of China's population, have given rise to a myriad of environmental challenges. The World Bank has listed 16 Chinese cities among the 20 cities with the worst air pollution in the world; a problem that may worsen with the exponential increase in the number of cars on... |
2007 |
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PUBLIC LAND AND RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 274 (2007) |
Section 368 of the Energy Policy Act of 2005 directs the Secretaries of Agriculture, Commerce, Defense, Energy, and Interior, in consultation with the Federal Energy Regulatory Commission, tribal governments, state and local governments, and affected utility industries, to designate corridors for oil, gas, and hydrogen pipelines and electricity... |
2007 |
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| Joseph Azbell |
PUBLIC LANDS-THE ROAD LESS TRAVELED: THE 10TH CIRCUIT ADJUDICATES R.S. 2477 CLAIMS USING A PIECEMEAL STATE-LAW APPROACH INSTEAD OF A UNIFORM FEDERAL POLICY; SOUTHERN UTAH WILDERNESS ALLIANCE v. BUREAU OF LAND MANAGEMENT, 425 F.3D 735 (10TH CIR. 2005) |
7 Wyoming Law Review 547 (2007) |
In the fall of 1996 road crews employed by San Juan, Garfield, and Kane counties (hereinafter the Counties) began construction on sixteen roads that ran through Bureau of Land Management (BLM) controlled lands in southern Utah. Armed with graders and other earth-moving equipment, the Counties began to improve the existing primitive trails into... |
2007 |
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| Wendy L. Wilkie |
PURCHASING CONTAMINATED PROPERTY--WITHOUT THE LIABILITY |
18-JAN South Carolina Lawyer 19 (January, 2007) |
The Environmental Protection Agency's (EPA's) new standard for a Phase I Environmental Site Assessment (Phase I) became effective on November 1, 2006. On November 1, 2005, the EPA promulgated the final regulation regarding the standard for all appropriate inquiry (the All Appropriate Inquiry or AAI Rule). 70 Fed. Reg. 66070 (codified at 40... |
2007 |
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| César Cuauhtémoc García Hernández |
RADICAL ENVIRONMENTALISM: THE NEW CIVIL DISOBEDIENCE? |
6 Seattle Journal for Social Justice 289 (Fall/Winter 2007) |
God said, I have given you every seed-bearing plant which is on the face of all the earth, and every tree that bears fruit with seed. It will be for your food. To every wild animal, to every bird of the sky, to everything that creeps along the ground, to everything that has the breath of life, I give every green plant for food. So it was. God saw... |
2007 |
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| Jeffrey Merchant |
RELIGION AND PUBLIC LANDS MANAGEMENT: WILL SNOWBOWL SNOWBALL? |
22-FALL Natural Resources & Environment 54 (Fall, 2007) |
In March 2007, a three-judge panel on the Ninth Circuit Court of Appeals held that using treated sewage effluent to manufacture snow violated the Religious Freedom Restoration Act (RFRA) by posing a substantial burden on the religious rights of several Arizona Indian tribes. The decision, Navajo Nation v. United States Forest Service, 479 F.3d 1024... |
2007 |
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RELIGIOUS LAND USE IN THE FEDERAL COURTS UNDER RLUIPA |
120 Harvard Law Review 2178 (June, 2007) |
The Constitution makes religious belief a private matter, but in the age of the megachurch and the perceived war on Christmas, where and how Americans express their faith are matters of great public interest. Consequently, much has been written about the zoning provisions of the Religious Land Use and Institutionalized Persons Act of 2000... |
2007 |
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| Robert W. Adler |
RESTORING THE ENVIRONMENT AND RESTORING DEMOCRACY: LESSONS FROM THE COLORADO RIVER |
25 Virginia Environmental Law Journal 55 (2007) |
I. Introduction. 55 II. The Changing Colorado River. 57 III. The Place of Restoration in Environmental Law. 62 IV. Restoration and Democracy. 65 A. Wild Burros and Ground Sloths - What is a Natural Restored Ecosystem?. 65 B. Humpback Chub and Rainbow Trout - What is a Desirable Restored Ecosystem?. 71 C. Tamarisk and Eagles - Can Restored... |
2007 |
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| Rebecca M. Bratspies |
RETHINKING DECISIONMAKING IN INTERNATIONAL ENVIRONMENTAL LAW: A PROCESS-ORIENTED INQUIRY INTO SUSTAINABLE DEVELOPMENT |
32 Yale Journal of International Law 363 (Summer 2007) |
I. Introduction. 363 II. The Problem of Sustainable Development. 366 III. Evolution of Decisionmaking Authority. 369 A. Authoritative Decision in the New World Order. 370 B. Future Generations and Authoritative Decision. 373 IV. Choosing Between Competing Visions of Sustainable Development. 374 V. The Role of Science. 377 A. Cost Benefit Analysis... |
2007 |
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| Saby Ghoshray |
SEARCHING FOR HUMAN RIGHTS TO WATER AMIDST CORPORATE PRIVATIZATION IN INDIA: HINDUSTAN COCA-COLA PVT. LTD. v. PERUMATTY GRAMA PANCHAYAT |
19 Georgetown International Environmental Law Review 643 (Summer, 2007) |
C1-3Contents I. Introduction. 644 II. Rights to Water Privitatization: Going Beyond Tangible Property Rights. 656 A. Examining the Riparian Doctrine: Special Status of Water as a Natural Resource. 657 B. Legal Pluralism and Variations of Property Rights. 660 C. Continuity and Absoluteness: Will it Work for Water Rights?. 661 III. Right to Water as... |
2007 |
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| Brooke Havard |
SEEKING PROTECTION: RECOGNITION OF ENVIRONMENTALLY DISPLACED PERSONS UNDER INTERNATIONAL HUMAN RIGHTS LAW |
18 Villanova Environmental Law Journal 65 (2007) |
There will be fifty million environmental refugees by 2010, according to experts at the United Nations University. Environmental problems such as rising sea levels, desertification and weather-induced flooding have resulted in the forced migration of many people and could cause the displacement of millions more in the future. Despite such... |
2007 |
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| Elisa Morgera |
SIGNIFICANT TRENDS IN CORPORATE ENVIRONMENTAL ACCOUNTABILITY: THE NEW PERFORMANCE STANDARDS OF THE INTERNATIONAL FINANCE CORPORATION |
18 Colorado Journal of International Environmental Law and Policy 151 (Winter 2007) |
The standards utilized by international financial institutions to review proposed private-sector projects and determine the environmental conditions for their financing can be extremely influential in ensuring more sustainable practices by private companies. The most notable example is provided by the new Performance Standards of the International... |
2007 |
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| Gerald Korngold |
SOLVING THE CONTENTIOUS ISSUES OF PRIVATE CONSERVATION EASEMENTS: PROMOTING FLEXIBILITY FOR THE FUTURE AND ENGAGING THE PUBLIC LAND USE PROCESS |
2007 Utah Law Review 1039 (2007) |
Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements in gross. These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held... |
2007 |
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| J. H. Huebert , Walter Block |
SPACE ENVIRONMENTALISM, PROPERTY RIGHTS, AND THE LAW |
37 University of Memphis Law Review 281 (Winter, 2007) |
I. L2-3,T3Introduction 281. A. Types of Environmentalism. 283 B. What is the Space Environment?. 290 II. L2-3,T3Property Rights and Problems of Space Pollution 292. A. Is Space Pollution even Possible?. 292 B. Air and Water Pollution in Space. 293 C. Other Pollution on the Moon and Celestial Bodies. 295 D. Space: The Ultimate Waste Dump. 296 E.... |
2007 |
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| Paul Weiland, Sue Meyer |
SPECIES CONSERVATION ON TRIBAL LANDS |
21-WTR Natural Resources & Environment 28 (Winter, 2007) |
On November 12, 2002, the Agua Caliente Band of Cahuilla Indians (Agua Caliente) adopted the first-of-its-kind Multiple Species Tribal Habitat Conservation Plan (THCP) as part of a larger effort to reduce the extent to which governmental authorities other than the Tribe are able to exercise control over tribal members and lands of the Agua Caliente... |
2007 |
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| Dr Christopher S. Kulander |
SPLIT-ESTATE AND SITE REMEDIATION ISSUES ON TRIBAL LANDS |
2 Texas Journal of Oil, Gas, and Energy Law 125 (2007) |
I. Introduction. 126 II. Mineral Development on Indian Lands. 128 III. Environmental Regulations on Tribal Lands--Generally. 130 IV. Split-Estate Issues. 132 A. Introduction. 132 B. Texas and the Accommodation Doctrine. 134 C. Other States. 135 D. Wyoming. 137 E. Surface Damage Acts (SDAs). 138 F. SDAs in the Western United States. 139 G. SDAs in... |
2007 |
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| Robert L. Lucero, Jr. |
STATE V. ROMERO: THE LEGACY OF PUEBLO LAND GRANTS AND THE CONTOURS OF JURISDICTION IN INDIAN COUNTRY |
37 New Mexico Law Review 671 (Summer, 2007) |
The New Mexico Pueblos have always been unique among the native peoples of the Americas, particularly in the way that they relate to other sovereigns. Currently, three sovereigns, the United States, New Mexico, and the Pueblo governments, hold jurisdiction to varying extents and over various matters in Pueblo Indian country within the boundaries of... |
2007 |
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| Keith Hayward |
SUPPORTING BASIN-WIDE REFORMS WITH AN INDEPENDENT ASSESSMENT APPLYING INTERNATIONAL WATER LAW: CASE STUDY OF THE DNIEPER RIVER |
18 Colorado Journal of International Environmental Law and Policy 633 (Summer 2007) |
Countries engaged in reforming the management of international rivers face a host of challenges. Among them, countries must accommodate competing priorities while navigating a variety of influences, often including the input of external agencies. Within that context, a clear view of the requirements of international law can provide States with a... |
2007 |
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| Joseph M. Feller |
THE ADJUDICATION THAT ATE ARIZONA WATER LAW |
49 Arizona Law Review 405 (Summer 2007) |
[O]ne does not get out of the Gila adjudication. It is a sort of judicial black hole into which light, sound, lawyers, water--even Judge Goodfarb-- indeed, whole forests of paper, will disappear. The only way out is out the other end. On April 26, 2004, the thirtieth anniversary of the initiation of the Gila River water adjudication (the... |
2007 |
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| Robert L. Glicksman , Dietrich H. Earnhart |
THE COMPARATIVE EFFECTIVENESS OF GOVERNMENT INTERVENTIONS ON ENVIRONMENTAL PERFORMANCE IN THE CHEMICAL INDUSTRY |
26 Stanford Environmental Law Journal 317 (June, 2007) |
I. Introduction. 319 II. Research Methods. 323 A. Analysis of Wastewater Discharge Levels. 326 1. Selection of Sample. 326 2. Data Collection. 327 B. The Chemical Industry Survey. 329 III. The Comparative Effectiveness of Government Interventions. 331 A. Rational Choice Theory and General and Specific Deterrence. 333 1. Rational Choice Theory and... |
2007 |
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| Alice Kaswan |
THE DOMESTIC RESPONSE TO GLOBAL CLIMATE CHANGE: WHAT ROLE FOR FEDERAL, STATE, AND LITIGATION INITIATIVES? |
42 University of San Francisco Law Review 39 (Summer 2007) |
I. Existing Federal Initiatives. 42 II. Existing State Initiatives. 46 A. AB 1493: California's Vehicle Emission Standards. 48 1. California's Pathbreaking Legislation. 48 2. Legal Obstacles to Implementation. 50 B. AB 32: California's Global Warming Solutions Act. 53 C. The Northeastern States' Regional Greenhouse Gas Initiative. 58 D. Assessing... |
2007 |
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| Wesley D. Sherman |
THE ECONOMICS OF ENFORCING ENVIRONMENTAL LAWS: A CASE FOR LIMITING THE USE OF CRIMINAL SANCTIONS |
23 Journal of Land Use & Environmental Law 87 (Fall, 2007) |
[C]riminal enforcement of environmental laws is the most effective means to ensure compliance. It may be the case that there is no greater legal deterrent for environmental violations than the threat of criminal prosecution and incarceration; however, it does not necessarily follow that criminal enforcement of environmental laws leads to the most... |
2007 |
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| Andrew Hardenbrook |
THE EQUATOR PRINCIPLES: THE PRIVATE FINANCIAL SECTOR'S ATTEMPT AT ENVIRONMENTAL RESPONSIBILITY |
40 Vanderbilt Journal of Transnational Law 197 (January, 2007) |
The Equator Principles are a set of voluntary environmental guidelines created to manage environmental degradation that results from large-scale developmental projects in the Third World. On June 4, 2003, ten private financial institutions adopted these guidelines, and by the end of 2006 this number had grown to forty. Moreover, in June 2006 the... |
2007 |
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| Noah D. Hall |
THE EVOLVING ROLE OF CITIZENS IN UNITED STATES-CANADIAN INTERNATIONAL ENVIRONMENTAL LAW COMPLIANCE |
24 Pace Environmental Law Review 131 (Winter 2007) |
Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging in North America. The role of citizens in United... |
2007 |
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| Patricia S. Mariella, Roger K. Ferland |
THE GILA RIVER INDIAN COMMUNITY'S TRIBAL AIR QUALITY IMPLEMENTATION PLAN |
21-WTR Natural Resources & Environment 24 (Winter, 2007) |
The 1990 amendments to the Clean Air Act (CAA) included specific authority for tribal governments to implement the statute through their own air quality implementation plansas states have been authorized to do since 1970. In 1998, the Environmental Protection Agency (EPA) promulgated regulations describing the procedures and requirements for... |
2007 |
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| Monique Harden |
THE HUMAN RIGHT TO A HEALTHY AND SAFE ENVIRONMENT: THE RIGHT OF DISPLACED HURRICANE KATRINA SURVIVORS TO RETURN HOME WITH DIGNITY AND JUSTICE |
101 American Society of International Law Proceedings 85 (March 28-31, 2007) |
Advocates for Environmental Human Rights (AEHR) defends and advances the human right to a healthy environment and advocates for the right of internally displaced hurricane survivors to return home with dignity and justice. AEHR does not work within the limitations of U.S. exceptionalism, but seeks to overcome this exceptionalism by supporting the... |
2007 |
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| Lillian Aponte Miranda |
THE HYBRID STATE-CORPORATE ENTERPRISE AND VIOLATIONS OF INDIGENOUS LAND RIGHTS: THEORIZING CORPORATE RESPONSIBILITY AND ACCOUNTABILITY UNDER INTERNATIONAL LAW |
11 Lewis & Clark Law Review 135 (Spring 2007) |
Despite the significant achievements of the contemporary indigenous rights movement, the protection of indigenous peoples' land rights continues to pose a challenge at the operational level. This challenge is due, in part, to the corporate interests that impact indigenous land rights yet bear little accountability to the indigenous peoples... |
2007 |
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| Hari M. Osofsky |
THE INUIT PETITION AS A BRIDGE? BEYOND DIALECTICS OF CLIMATE CHANGE AND INDIGENOUS PEOPLES' RIGHTS |
31 American Indian Law Review 675 (2006-2007) |
The rapid pace of climate change in the Arctic poses serious challenges for the Inuit peoples living there. A petition filed with the Inter-American Commission on Human Rights in December 2005, on behalf of Inuit in the United States and Canada, claims that U.S. climate change policy violates their rights. Upon filing the petition, Sheila... |
2007 |
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| Devadatta Gandhi |
THE LIMITS AND PROMISE OF ENVIRONMENTAL ETHICS: ECO-SOCIALIST THOUGHT AND ANTHROPOCENTRISM'S VIRTUE |
31-FALL Environs Environmental Law and Policy Journal 35 (Fall 2007) |
Introduction. 35 I. Four prominent western environmental philosophies. 37 A. Deep Ecology. 38 B. Ecocentrism. 38 C. Hardin's Tragedy of the Commons. 39 D. Ophuls's Neo-Hobbesianism. 40 II. Aspects of eco-socialist thought. 40 A. Searching For Ecological Concern in Marx and Engels. 41 B. Beyond Searching For Green in Marx and Engels: The Utility of... |
2007 |
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| Kerry E. Rodgers |
THE LIMITS OF COLLABORATIVE GOVERNANCE: HOMELAND SECURITY AND ENVIRONMENTAL PROTECTION AT U.S. PORTS |
25 Virginia Environmental Law Journal 157 (2007) |
Scholars have proposed various models for improving environmental governance that increase reliance on public-private collaboration. These collaborative models are optimistic that engaging public agencies, the private and non-profit sectors, and members of the public in open discussions of regulatory problems within new institutions designed to... |
2007 |
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| Aurelie Lopez |
THE PROTECTION OF ENVIRONMENTALLY-DISPLACED PERSONS IN INTERNATIONAL LAW |
37 Environmental Law 365 (Spring 2007) |
Be worried. Be very worried. Climate change isn't some vague future problem--it's already damaging the planet at an alarming pace warned Time Magazine on its cover of a special report on global warming. One may further add that, as a consequence, environmental degradation is causing a large number of people to flee environments that no longer... |
2007 |
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| Mark Latham |
THE REHNQUIST COURT AND THE POLLUTION CONTROL CASES: ANTI-ENVIRONMENTAL AND PRO-BUSINESS? |
10 University of Pennsylvania Journal of Constitutional Law 133 (December, 2007) |
The nearly physical revulsion many conservatives feel for environmental groups and values, and their reflex action to protect business being encroached upon, threaten to wipe out all the gains that preceded this Court. Raw political partisanship that sees the [Rehnquist] Court side with business interests is most apparent in environmental cases.... |
2007 |
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| Craig Anthony (Tony) Arnold |
THE STRUCTURE OF THE LAND USE REGULATORY SYSTEM IN THE UNITED STATES |
22 Journal of Land Use & Environmental Law 441 (Spring, 2007) |
Land use regulation is one of the most poorly understood areas of law and public policy in the United States. At the same time, land use regulation is one of the most pervasively influential, and therefore important, areas of law and public policy in the United States. Through land use regulation, we shape the communities and environments in which... |
2007 |
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| Lillian Aponte Miranda |
THE U'WA AND OCCIDENTAL PETROLEUM: SEARCHING FOR CORPORATE ACCOUNTABILITY IN VIOLATIONS OF INDIGENOUS LAND RIGHTS |
31 American Indian Law Review 651 (2006-2007) |
Corporate actors significantly impact indigenous peoples' domestically and internationally recognized land rights. For half a century, the pursuit of oil by Royal Dutch/Shell in the Niger Delta has produced a cycle of violence with lasting effects on the Ogoni peoples' occupancy, use, and control of their traditional lands and resources, and... |
2007 |
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| Joyce Tekahnawiiaks King |
THE VALUE OF WATER AND THE MEANING OF WATER LAW FOR THE NATIVE AMERICANS KNOWN AS THE HAUDENOSAUNEE |
16 Cornell Journal of Law & Public Policy 449 (Summer 2007) |
INTRODUCTION. 450 The Original Law of the Land . 450 I. HAUDENOSAUNEE WELTANSCHAUUNG. 453 A. Haudenosaunee Cosmology: The Original Instructions. 454 B. The Kaianerekowa: The Great Law of Peace. 454 C. The Kaswentha: The Two Row Wampum and Other Treaties. 459 D. The Haudenosaunee Concept of Land. 465 II. HAUDENOSAUNEE POSITION PAPER ON THE GREAT... |
2007 |
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| Katherine E. Germino |
THIS LAND IS YOUR LAND, THIS LAND IS MY LAND: CAYUGA INDIAN NATION OF NEW YORK V. PATAKI |
52 Villanova Law Review 607 (2007) |
Adorned in headdresses and bonnets, each year elementary schoolchildren throughout the United States reenact the story of the First Thanksgiving. Woven into this tale of teepees, turkey and thankfulness are stories of cultural exchange and respect between the Pilgrims and Indians. Often missing in this depiction of camaraderie are the years of... |
2007 |
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| J.R. DeShazo , Jody Freeman |
TIMING AND FORM OF FEDERAL REGULATION: THE CASE OF CLIMATE CHANGE |
155 University of Pennsylvania Law Review 1499 (June, 2007) |
Introduction. 1500 I. States as Incremental Catalysts. 1503 A. Federal Floors. 1503 B. Defensive Preemption and Federal Ceilings. 1504 II. Climate Change. 1516 A. The Puzzle of State Initiatives. 1516 B. Overview of State Initiatives. 1521 1. State Renewable Portfolio Standards. 1523 2. Emissions Caps for New Power Plants. 1523 3. Caps and... |
2007 |
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| © Avi Brisman |
TOWARD A MORE ELABORATE TYPOLOGY OF ENVIRONMENTAL VALUES: LIBERALIZING CRIMINAL DISENFRANCHISEMENT LAWS AND POLICIES |
33 New England Journal on Criminal and Civil Confinement 283 (Summer, 2007) |
You cannot separate environment from empowerment. Toxic waste dumps are put in communities where people are the poorest, the least organized, the least registered to vote. If you are poor you are a target for toxic waste. If you are unregistered to vote you are a target. In late 2004, the environmental strategists, Michael Shellenberger and Ted... |
2007 |
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