AuthorTitleCitationSummaryYear
Nancy D. Perkins LIVABILITY, REGIONAL EQUITY, AND CAPABILITY: CLOSING IN ON SUSTAINABLE LAND USE 37 University of Baltimore Law Review 157 (Winter 2008) In recent years, sustainable land use planning has captured the fancy of scholars from a wide array of disciplines. The attention is justified by observations that an overhaul of the United States' land use system is underway. This change, spurred in part by the sustainable development movement, has been marked by a proliferation of local... 2008
Marcel De Armas, Maria Vanko MITIGATING BLACK CARBON AS A MECHANISM TO PROTECT THE ARCTIC AND PREVENT ABRUPT CLIMATE CHANGE 8 Sustainable Development Law & Policy 41 (Spring, 2008) Climate change is impacting the Arctic earlier and more intensely than any other area of the planet. Winter temperatures have increased as much as three-to-four degrees Celsius in the past fifty years and are projected to increase four-to-seven degrees Celsius over land areas and seven-to-ten degrees over the Arctic Ocean by the end of the century.... 2008
Jonathan H. Adler MONEY OR NOTHING: THE ADVERSE ENVIRONMENTAL CONSEQUENCES OF UNCOMPENSATED LAND USE CONTROLS 49 Boston College Law Review 301 (March, 2008) Abstract: The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to... 2008
Richard T. Drury MOVING A MOUNTAIN: THE STRUGGLE FOR ENVIRONMENTAL JUSTICE IN SOUTHEAST LOS ANGELES 38 Environmental Law Reporter News & Analysis 10338 (May, 2008) Editors' Summary: Environmental protection frequently requires creative legal strategies, and operating solely through the court system is not always the most effective means for protecting the environment and public health. In this Article, Richard T. Drury offers a case study of a public nuisance suit against a concrete-crushing facility in... 2008
Christine Malumphy, Randall Yates MUDDYING TRIBAL WATERS: MAINE V. JOHNSON, INTERNAL TRIBAL AFFAIRS, AND POINT SOURCE DISCHARGE PERMITTING IN INDIAN COUNTRY 35 Ecology Law Quarterly 263 (2008) Maine v. Johnson represents the convergence of the paths of the Environmental Protection Agency (EPA), the Clean Water Act (CWA), and an agreement between a state and Native American tribes designed to protect the environment. Unfortunately, at the intersection of these paths lies a decision that threatens environmental health and Native... 2008
Karin McDougal NAT'L AUDUBON SOC'Y, ET AL. V. KEMPTHORNE: A WIN FOR THE ENVIRONMENT, OR AN EXAMPLE OF NEPA'S SHORTCOMINGS? 13 Drake Journal of Agricultural Law 437 (Summer, 2008) I. Introduction. 437 II. Background of the National Petroleum Reserve - Alaska. 439 III. Recent Case Developments. 441 A. First Challenge - North Alaska Environmental Center v. Norton. 441 1. History and Issues Presented. 441 2. Discussion. 442 3. Significance of Decision. 443 B. Second Challenge - National Audubon Society, et al. v. Kempthorne.... 2008
Sara Brucker NAVAJO NATION V. UNITED STATES FOREST SERVICE: DEFINING THE SCOPE OF NATIVE AMERICAN FREEDOM OF RELIGIOUS EXERCISE ON PUBLIC LANDS 31-SPG Environs Environmental Law and Policy Journal 273 (Spring 2008) Introduction. 275 I. Early History. 276 A. Sherbert and Yoder: Establishing the Strict Scrutiny Test. 276 B. The SmithRevolution. 277 II. The Creation of RFRA and RLUIPA. 278 A. RFRA: A Quick Congressional Response. 278 B. City of Boerne: The Tug of War Continues. 279 C. RLUIPA and the Amendments to RFRA. 280 D. Affirmation of Gonzalesand Cutter.... 2008
Phillip A. Hummel NEXT STOP - A CLEANER AND HEALTHIER ENVIRONMENT: GLOBAL STRATEGIES TO PROMOTE PUBLIC TRANSIT 35 Transportation Law Journal 263 (Fall 2008) Transportation demands and environmental concerns are inextricably linked. The choices societies make to satisfy the fundamental need of transporting goods and people from one place to another impact energy consumption, air and water quality, public health and land use development patterns. Cities and countries around the world have felt the... 2008
Cinnamon Carlarne NOTES FROM A CLIMATE CHANGE PRESSURE-COOKER: SUB-FEDERAL ATTEMPTS AT TRANSFORMATION MEET NATIONAL RESISTANCE IN THE USA 40 Connecticut Law Review 1351 (July, 2008) Global climate change poses one of the most pressing environmental, economic, and social problems of the 21st Century. The United States of America bears a disproportionate burden for contributing to global climate change and has the capacity-if not the will-to be a world leader in combating climate change. Local, state and civil society efforts to... 2008
Benjamin K. Sovacool , Christopher Cooper NUCLEAR NONSENSE: WHY NUCLEAR POWER IS NO ANSWER TO CLIMATE CHANGE AND THE WORLD'S POST-KYOTO ENERGY CHALLENGES 33 William and Mary Environmental Law and Policy Review 1 (Fall, 2008) Nuclear power plants are a poor choice for addressing energy challenges in a carbon-constrained, post-Kyoto world. Nuclear generators are prone to insolvable infrastructural, economic, social, and environmental problems. They face immense capital costs, rising uranium fuel prices, significant lifecycle greenhouse gas emissions, and irresolvable... 2008
James R. May OF HAPPY INCIDENTS, CLIMATE, FEDERALISM, AND PREEMPTION 17 Temple Political & Civil Rights Law Review 465 (Spring 2008) It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. New State Ice Co. v. Liebmann Agencies, like legislatures, do not generally resolve massive problems in one fell regulatory... 2008
Michelle A. Westcoat ONCE A LANDFILL, NOW A NEIGHBORHOOD SCHOOL, AND THAT'S OK: HARTFORD PARK TENANTS ASSOCIATION v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL PROTECTION 39 Rutgers Law Journal 739 (Spring, 2008) Would you send your child to a school built on a landfill? In Hartford Park Tenants Association v. Rhode Island Department of Environmental Management, the parents of one Providence community wrestled over this Catch-22: Would they send their children to the new school built over a landfill, or to the old school, crowded and lacking in proper... 2008
Flynn Coleman PAN-AFRICAN STRATEGIES FOR ENVIRONMENTAL PRESERVATION: WHY WOMEN'S RIGHTS ARE THE MISSING LINK 23 Berkeley Journal of Gender, Law & Justice 181 (2008) The intimate connection between human and environmental rights has been explored extensively. Largely omitted from the discussion, however, is the role rural women have played, and can play, in protecting environmental rights. This Article argues that the protection and fulfillment of women's human rights, in the context of an evolving Pan-African... 2008
Noah D. Hall POLITICAL EXTERNALITIES, FEDERALISM, AND A PROPOSAL FOR AN INTERSTATE ENVIRONMENTAL IMPACT ASSESSMENT POLICY 32 Harvard Environmental Law Review 49 (2008) Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate... 2008
E. Donald Elliott PORTAGE STRATEGIES FOR ADAPTING ENVIRONMENTAL LAW AND POLICY DURING A LOGJAM ERA 17 New York University Environmental Law Journal 24 (2008) The topic assigned to me was How we got into the logjam, why it hurts the environment, business, and the public generally, and how to get out of it. I argue that there is indeed a logjam in federal environmental politics today, as majorities in both political parties have degenerated into a blood feud in which they would rather have an... 2008
Eamon Lorincz POSSESSING THE PACIFIC: LAND, SETTLERS, AND INDIGENOUS PEOPLE FROM AUSTRALIA TO ALASKA, BY STUART BANNER. CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS. 2007. 32 Harvard Environmental Law Review 597 (2008) Most people leave school with a simple understanding of the relationship between British and American colonists, Native Americans and Pacific Islanders, and the lands of the New World: the colonists wanted it, the natives had it, and the colonists used whatever means available to take it. In his new book, Possessing the Pacific: Land, Settlers,... 2008
John W. Ragsdale, Jr. POSSESSION: AN ESSAY ON VALUES NECESSARY FOR THE PRESERVATION OF WILD LANDS AND TRADITIONAL TRIBAL CULTURES 40 Urban Lawyer 903 (Fall, 2008) The craftsman, one of the many thousands over time, squatted by the volcanic basalt outcrop west of the river that would one day be known as the Rio Grande. With care, skill, devotion to the gods, and an ever-present awareness of the surrounding forces of nature and the universe, he etched the symbols into the rock. For 700 years thereafter, the... 2008
David M. Ostergren POWER, JUSTICE, AND THE ENVIRONMENT: A CRITICAL APPRAISAL OF THE ENVIRONMENTAL JUSTICE MOVEMENT. EDITED BY DAVID N. PELLOW & ROBERT J. BRULLE. CAMBRIDGE MA, THE MIT PRESS, 2005. PP. 349. $62.00 CLOTH; $27.00 PAPERBACK. 48 Natural Resources Journal 219 (Winter, 2008) This text is an excellent critical assessment of the Environmental justice (EJ) movement. The authors and editors provide timely insights on where the EJ movement stands and take the first steps to promote dialogue on change and improvement. The authors encourage organizations, researchers, and institutions to focus their efforts, clearly define... 2008
Jonathan K. London , Julie Sze , Raoul S. Liévanos PROBLEMS, PROMISE, PROGRESS, AND PERILS: CRITICAL REFLECTIONS ON ENVIRONMENTAL JUSTICE POLICY IMPLEMENTATION IN CALIFORNIA 26 UCLA Journal of Environmental Law & Policy 255 (2008) I. introduction. 256 II. environmental justice movement in california: problems and public policy. 259 A. Defining the Problem. 259 B. State Legislation and Regulatory Agencies. 262 III. from promise to progress. 265 A. Developing the Cal/EPA Environmental justice Action Plan. 265 B. Implementing the Action Plan: Pilot Projects and Small Grants.... 2008
Ezra Rosser PROTECTING NON-INDIANS FROM HARM? THE PROPERTY CONSEQUENCES OF INDIANS 87 Oregon Law Review 175 (2008) For the term following the confirmation of Justice Alito and Chief Justice Roberts, the Supreme Court did not grant certiorari on any Indian law case for perhaps the first time since 1960. With the Native American Rights Fund and other pan-Indian organizations actively pursuing an avoid-the-Court strategy, necessitated by the Court's hostility... 2008
  PUBLIC LAND AND NATURAL RESOURCES 2008 ABA Environment, Energy, and Resources Law: The Year in Review 278 (2008) On November 28, 2008, the U.S. Department of Energy (DOE) and the Department of Interior (DOI) issued their Final Programmatic Environmental Impact Statement (FPEIS) for the Designation of Energy Corridors on Federal Land in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The FPEIS issuance... 2008
Tracy Bach, Justin Brown RECENT DEVELOPMENTS IN AUSTRALIAN CLIMATE CHANGE LITIGATION: FORWARD MOMENTUM FROM DOWN UNDER 8 Sustainable Development Law & Policy 39 (Winter, 2008) Studies indicate that Australia has one of the worst environmental records of any developed country. Particularly striking is its role in the climate change debate: despite being the current leading emitter of greenhouse gases in the world on a per capita basis, Australia originally joined the United States in refusing to sign the Kyoto Protocol.... 2008
  RECENT DEVELOPMENTS IN ENVIRONMENTAL LAW 22 Tulane Environmental Law Journal 171 (Winter 2008) I. Clean Air Act. 171 Natural Resources Defense Council v. EPA, 529 F.3d 1077 (D.C. Cir. 2008). 171 Sierra Club v. EPA, 536 F.3d 673 (D.C. Cir. 2008). 175 II. Clean Water Act. 179 EPA Health Services Industry Study: Management and Disposal of Unused Pharmaceuticals. 179 III. National Environmental Policy Act. 183 Food & Water Watch, Inc. v. U.S.... 2008
Gregory Baker REDISCOVERING THERAPEUTIC JURISPRUDENCE IN OVERLOOKED AREAS OF THE LAW--HOW EXPOSING ITS PRESENCE IN THE ENVIRONMENTAL JUSTICE MOVEMENT CAN LEGITIMIZE THE PARADIGM AND MAKE THE CASE FOR ITS INCLUSION INTO ALL ASPECTS OF LEGAL EDUCATION AND THE PRACTICE OF 9 Florida Coastal Law Review 215 (Winter 2008) Therapeutic Jurisprudence (TJ) is a movement embodying the legal community's response to concerns that the legal profession is plagued by a culture of argument and critique that has rendered it unresponsive to society's needs. Symptoms of this culture of argument are clear in rampant attorney dissatisfaction, client unhappiness, and a constant... 2008
Alexandra Harrington REGIONAL COMMONS: AN ASSESSMENT OF THE IMPACT OF THE FRAMEWORK CONVENTION AND KYOTO PROTOCOL ON THE ORGANIZATION OF AMERICAN STATES AND THE ASSOCIATION OF SOUTH EAST ASIAN NATIONS AND SUGGESTIONS FOR THE ROLE OF REGIONALISM IN INTERNATIONAL ENVIRONMENTAL 16 University of Baltimore Journal of Environmental Law 29 (Fall 2008) In an age of increasing globalization, it is interesting to note the plethora of regional and sub-regional groups which exist in international law and society today. These groups exist to further a variety of purposes, from general well-being and cooperation within the designated region to business and trade promotion to military alliances. Within... 2008
Svitlana Kravchenko RIGHT TO CARBON OR RIGHT TO LIFE: HUMAN RIGHTS APPROACHES TO CLIMATE CHANGE 9 Vermont Journal of Environmental Law 513 (Spring, 2008) We, the human species, are confronting a planetary emergency .. But there is hopeful news as well: we have the ability to solve this crisis and avoid the worst--though not all--of its consequences, if we act boldly, decisively and quickly. Al Gore [T]hat which is common to the greatest number has the least care bestowed upon it. Everyone thinks... 2008
Alan Khee-Jin Tan SINGAPORE'S NEW AIR SERVICES AGREEMENTS WITH THE E.U. AND THE U.K.: IMPLICATIONS FOR LIBERALIZATION IN ASIA 73 Journal of Air Law and Commerce 351 (Spring 2008) WITHIN THE PAST two years alone, the city-state of Singapore has signed new and highly liberalized air services agreements with both the European Union (E.U.) and the United Kingdom (U.K.). The cumulative impact of both agreements sets a dramatic new standard for liberalized bilateral air services agreements, heralding what possibly could be... 2008
Carly Marcs SPOILING MOVI'S RIVER: TOWARDS RECOGNITION OF PERSECUTORY ENVIRONMENTAL HARM WITHIN THE MEANING OF THE REFUGEE CONVENTION 24 American University International Law Review 31 (2008) INTRODUCTION. 32 I. MINING AND ITS IMPACT: THE TOLUKUMA EXPERIENCE. 35 II. CURRENT TREATY FRAMEWORK. 37 A. Interpretation. 38 B. Authoritative Character of the UNHCR Handbook and UNHCR Guidelines and Statements. 40 III. OUTSIDE THE COUNTRY OF HIS ORIGIN . 40 IV. OWING TO A WELL-FOUNDED FEAR OF BEING PERSECUTED . 41 A. The Law of a Well-Founded... 2008
Jerome M. Organ SUBSIDIARITY AND SOLIDARITY: LENSES FOR ASSESSING THE APPROPRIATE LOCUS FOR ENVIRONMENTAL REGULATION AND ENFORCEMENT 5 University of Saint Thomas Law Journal 262 (Winter 2008) I. Introduction. 263 II. Understanding Subsidiarity, Solidarity and the Common Good. 263 III. Analyzing RCRA and CERCLA through the Lenses of Subsidiarity, Solidarity and the Common Good. 267 A. Application to RCRA. 269 1. Justification for Regulation. 270 2. Assessing the Appropriate Locus of Regulation. 270 a. Regulation at the Local Level. 270... 2008
Sean Hill SUNSHINE IN INDIAN COUNTRY: A PRO-FOIA VIEW OF KLAMATH WATER USERS 32 American Indian Law Review 463 (2007-2008) In U.S. Department of the Interior v. Klamath Water Users Protective Ass'n, the U.S. Supreme Court examined the application of the Federal Freedom of Information Act (FOIA) and its exemption for interagency and intra-agency communications to documents passing between Indian tribes and the Department of the Interior. The Court determined, for... 2008
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
Margaret Egan THE ENVIRONMENTAL JUSTICE ACT: SAME PROBLEMS WITH NO SOLUTION? 13 Public Interest Law Reporter 75 (Winter 2008) Environmentalism is a political and rhetorical trend at the moment, but little has been said about the most environmentally vulnerable areas; particularly low income, minority and urban neighborhoods. Grassroots organizations and environmental justice advocates have long been fighting for these communities. For example, the Little Village... 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
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