| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Kelly Bridges |
WATER SECURITY IN THE WAKE OF ARIZONA v. NAVAJO NATION: HOW THE PRESIDENT'S EMERGENCY POWERS CAN PROVIDE A PATH FORWARD FOR THE NAVAJO NATION |
2024 University of Chicago Legal Forum 399 (2024) |
In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation's water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the... |
2024 |
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| Stella Emery Santana |
WE SHALL OVERCOME: THE EVOLUTION OF QUOTAS IN THE LAND OF THE FREE AND THE HOME OF SAMBA |
47 Seattle University Law Review 1243 (Spring, 2024) |
C1-2Contents I. Prelude: The Synopsis of Our Journey. 1243 II. The Universal Anthem--Higher Education as a Global Human Right. 1246 III. Liberty's Quest--The American Educational Odyssey. 1251 A. Mosaic of Dreams--Quest for Equity in the U.S.. 1252 B. Chronicles of Change--America's Affirmative Journey. 1258 IV. Rhythms of Equality--from Samba to... |
2024 |
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| Ann Sarnak |
WHEN PUBLIC LAND LEAVES PUBLIC HANDS: VALUES EMBEDDED IN MUNICIPAL LAND DISPOSITION LAW |
42 Yale Law and Policy Review 626 (Spring, 2024) |
In the wake of multiple economic crises, many local governments across the country have resorted to selling off their real property. At the same time, advocates and social movements are increasingly calling for municipalities to use publicly-owned land to advance spatial justice in cities--for instance, to develop affordable housing, parks, and... |
2024 |
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| Timothy Gentles |
WHITHER AFFIRMATIVELY FURTHERING FAIR HOUSING IN NEW YORK? THE AFFH MANDATE IN AN ERA OF LAND USE REFORM |
45 Cardozo Law Review 977 (February, 2024) |
C1-2Table of Contents Introduction. 978 I. Background. 985 A. The Fair Housing Act and the Duty to Affirmatively Further Fair Housing. 985 1. History of the AFFH Mandate. 985 2. Litigation Under the AFFH Mandate. 989 B. Exclusionary Zoning and Fair Housing. 991 C. Exclusionary Zoning in New York. 995 II. Analysis of the New York AFFH Law. 996 A.... |
2024 |
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| Jackie Dugard |
XOLOBENI'S STRUGGLE AGAINST PATRIRACIAL-COLONOCAPITALIST MINING IN SOUTH AFRICA: A COUNTERPOINT TO CLIMATE CATASTROPHE? |
41 Wisconsin International Law Journal 551 (Summer, 2024) |
Mining is central to the history of repression in South Africa. Mining made Sandton to be Sandton and the Bantustans of the Eastern Cape to be the desolate places that they still are. Mining in South Africa also made the elites in England rich by exploiting workers in South Africa. You cannot understand why the rural Eastern Cape is poor without... |
2024 |
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| Amy Reavis, Nora Wallace |
"ENTITLED TO OUR LAND": THE SETTLER COLONIAL ORIGINS OF THE UNIVERSITY OF CALIFORNIA |
14 California Law Review Online 23 (June, 2023) |
Many may recognize the land grant moniker that several dozen U.S. universities like the University of California carry, but what many do not realize is that the land granted to fund these universities was land that the federal government had recently expropriated from Native Nations through violent seizures and coercive treaties. While... |
2023 |
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| Randall S. Abate |
"FOOL ME ONCE, SHAME ON YOU": PROMOTING CORPORATE ACCOUNTABILITY FOR THE HUMAN RIGHTS IMPACTS OF CLIMATE WASHING |
18 Intercultural Human Rights Law Review 1 (2023) |
Effective climate change governance faces two overarching challenges. The first is mobilizing the political will to regulate climate change with sufficient ambition. Second, when regulatory measures are in place to address climate change, the next challenge is ensuring that governmental and private sector entities are on track to comply with these... |
2023 |
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| Michael B. Kent, Jr. |
"NOTHING NEW UNDER THE SUN": A CENTENNIAL RETROSPECTIVE OF PENNSYLVANIA COAL CO. v. MAHON |
10 Belmont Law Review 201 (Spring, 2023) |
Introduction. 201 I. Context and Background. 203 A. Mining and Subsidence. 203 B. Legal Changes. 205 C. The Dispute. 206 II. The Opinions. 207 A. Justice Holmes's Majority Opinion. 207 1. The Extent of the Public Interest. 208 2. The Extent of the Taking. 210 B. Justice Brandeis's Dissenting Opinion. 211 1. Lawfully Imposed. 211 2. Not a... |
2023 |
|
| William Y. Chin |
"WE WANT OUR LAND BACK": RETURNING LAND TO FIRST PEOPLES IN THE LAND RETURN ERA USING THE NATIVE LAND CLAIMS COMMISSION TO REVERSE CENTURIES OF LAND DISPOSSESSION |
24 Scholar: St. Mary's Law Review on Race and Social Justice 335 (2023) |
Introduction. 337 I. The First Peoples Land Inhabitance Era. 339 II. The European Land Dispossession Era. 340 III. The American Land Dispossession Era. 342 A. The United States' Continuing Reliance on the Discovery Doctrine. 342 B. The United States' History of Unjust Land Confiscations. 343 IV. The First Peoples Land Return Era. 345 A.... |
2023 |
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| Audrey Glendenning , Martin Nie , Monte Mills |
(SOME) LAND BACK . SORT OF: THE TRANSFER OF FEDERAL PUBLIC LANDS TO INDIAN TRIBES SINCE 1970 |
63 Natural Resources Journal 200 (Summer, 2023) |
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties,... |
2023 |
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| Juliana Vélez-Echeverri and Camila Bustos |
A HUMAN RIGHTS APPROACH TO CLIMATE-INDUCED DISPLACEMENT: A CASE STUDY IN CENTRAL AMERICA AND COLOMBIA |
31 Michigan State International Law Review 403 (2023) |
The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those... |
2023 |
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| Clara Goodwin |
A TOOL TO BUILD A WORKING-CLASS ENVIRONMENTAL MOVEMENT: PROPOSAL FOR AN INDUSTRIAL WORKERS SAFETY ACT |
72 Washington University Journal of Law & Policy 219 (2023) |
The consequences of climate change are far-reaching and ripple throughout various aspects of society; one such consequence is the urgent need for overhaul of systems across the energy production, transportation, and industrial manufacturing industries. Unfortunately, such system improvements run contrary to the interests of powerful, influential... |
2023 |
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| Olivia Magliozzi |
A WELL-FOUNDED FEAR OF THE CLIMATE: UTILIZING ENVIRONMENTAL GOVERNANCE STRUCTURES TO PROTECT CLIMATE REFUGEES |
46 Suffolk Transnational Law Review 123 (Winter, 2023) |
An international, collective failure to mitigate climate change and protect the refugees it leaves in its wake is among the greatest threats facing humanity presently and into the future. The definition of refugee was ascribed during the Geneva Convention of 1951 (1951 Geneva Convention) during a time when climate change was unimaginable, as a... |
2023 |
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| Vanessa Racehorse , Anna Hohag |
ACHIEVING CLIMATE JUSTICE THROUGH LAND BACK: AN OVERVIEW OF TRIBAL DISPOSSESSION, LAND RETURN EFFORTS, AND PRACTICAL MECHANISMS FOR #LANDBACK |
34 Colorado Environmental Law Journal 175 (Spring, 2023) |
C1-2Table of Contents Introduction. 176 I. History of Forcible Dispossession of Indigenous Lands. 178 A. Doctrine of Discovery, Broken Treaties, and Indian Removal. 178 B. Land Back as More than a Movement. 183 II. Correlation Between Dispossession and Climate Change. 184 A. Shifting Land Management Practices. 185 1. Historical Indigenous Practices... |
2023 |
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| Jim Rossi , J.B. Ruhl |
ADAPTING PRIVATE LAW FOR CLIMATE CHANGE ADAPTATION |
76 Vanderbilt Law Review 827 (April, 2023) |
The private law of torts, property, and contracts will and should play an important role in resolving disputes regarding how private individuals and entities respond to and manage the harms of climate change that cannot be avoided through mitigation (known in climate change policy dialogue as adaptation). While adaptation is commonly presented as... |
2023 |
|
| Tiffany Canate, et al. |
ADVANCING ENVIRONMENTAL HEALTH AND JUSTICE: A CALL FOR ASSESSMENT AND OVERSIGHT OF HEALTHCARE WASTE |
53 Environmental Law 147 (Spring, 2023) |
Tiffany Canate , Michele Okoh , Crystal Dixon , Natalie Sampson , Kandyce Dunlap , Fatemeh Shafiei , Jay Herzmark , Lindsay Tallon , Na'Taki Osborne Jelks , Theodora Tsongas , Denise Patel , Olivia Wilson , Eric Persaud , Omega Wilson, Brenda Wilson , Vincent Martin , Kelly McLaughlin , Margarita Asiain Healthcare waste adversely impacts society in... |
2023 |
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| Kristin King-Ries |
ADVOCATING FOR COMMUNITY LAND TRUSTS |
31 Journal of Affordable Housing & Community Development Law 365 (2023) |
A Brief History. 365 I. What Is a CLT, Exactly?. 370 II. If CLTs Do Not Need Legislation to Function, Why Bother? CLTs Need Legislation to Thrive. 374 III. Access to Land: New York City and a Proposed CLT Right of First Refusal. 376 IV. Enabling Legislation and Consistent Tax Policies: The Guadalupe Neighborhood Development Corporation and the... |
2023 |
|
| John Leshy |
AMERICA'S PUBLIC LANDS: WHAT HISTORY SUGGESTS ABOUT THEIR FUTURE |
34 Colorado Environmental Law Journal 1 (Winter, 2023) |
C1-2Table of Contents Introduction. 2 I. The Major Themes of Public Land Political History. 3 II. How the National Forest System Came About. 5 III. Other Land Acquisition Programs. 9 IV. Reserving the Remaining Public Lands in the 1930s. 10 V. Congress Reclaims Authority from the Executive. 13 VI. Public Land Policy from Reagan to Trump. 17 VII.... |
2023 |
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| Rebecca Dixon |
AMID CLIMATE DISASTERS, WORKERS DEMAND A RIGHT TO SAFETY |
49 Human Rights 6 (October, 2023) |
Many years ago, I was a college student at home in Mississippi for the summer and in need of a temporary job. Lured by the promise of good pay, I took a job on the production line at a chicken plant. I will never forget the air, pungent with the smell of feathers and machinery. Amid the sounds of clanging metal and whirring conveyor belts, dozens... |
2023 |
|
| Sidney M. Lewellen |
AN ARGUMENT FOR MULTI-DISTRICT CLIMATE LITIGATION |
20 Indiana Health Law Review 411 (2023) |
Climate change is no longer an abstract problem for future generations. It is an immediate threat to human life and health, the tangible effects of which can be seen and felt around the world. The news is teeming with examples of climate disasters. In March 2022, an Antarctic ice shelf the size of Rome collapsed due to abnormally high temperatures.... |
2023 |
|
| Linda K. Breggin, Kristen Sarna, Henry Woods, Michael P. Vandenbergh |
ANALYSIS OF ENVIRONMENTAL LAW SCHOLARSHIP 2021-2022 |
53 Environmental Law Reporter (ELI) 10623 (August, 2023) |
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals from the legal... |
2023 |
|
| Haijing Wang, Mingqing You |
ANNUAL REVIEW OF CHINESE ENVIRONMENTAL LAW DEVELOPMENTS: 2022 |
53 Environmental Law Reporter (ELI) 10367 (May, 2023) |
In China, the year 2022 witnessed the further evolution of environmental protection and development of legislation and rulemaking. This mainly included adoption of the Black Soil Protection Law and the Yellow River Protection Law, as well as revision of the Animal Husbandry Law and the Wildlife Protection Law. This Comment summarizes some of the... |
2023 |
|
| Aisha I. Saad |
ATTRIBUTION FOR CLIMATE TORTS |
64 Boston College Law Review 867 (April, 2023) |
Introduction. 868 I. Litigating Climate Torts. 874 A. Climate Change in the Courts. 875 B. Developments in Climate Change Attribution. 877 C. Surveying the Law and Science of Climate Torts. 879 II. Attribution for Climate Torts.. 882 A. Political Question. 882 B. Standing. 886 C. Duty, Foreseeability, and Breach. 892 D. Causation. 896 E. Damages.... |
2023 |
|
| Danielle Gabay , Roee Furman , Dov Greenbaum |
AUTONOMOUS SHIPS: ENGINES OF ENVIRONMENTAL PROTECTION |
47 Tulane Maritime Law Journal 403 (Summer, 2023) |
As the COVID-19 pandemic has proven, the archaic shipping industry remains an integral part of the global supply chain and, as a result, an invaluable contributor to the world's general economic well-being. Artificial Intelligence (AI) is a considerably more recent component of our global economic activity and, perhaps, ultimately more valuable to... |
2023 |
|
| Emily Sims |
BACKYARDS TO JUNKYARDS: EXPOSING ALABAMA'S ENVIRONMENTAL INJUSTICE |
14 Alabama Civil Rights & Civil Liberties Law Review 27 (2022-2023) |
I. Gravity of the Deficient System. 28 II. Fighting for Home and Heritage in the Face of Filth. 30 A. Ashurst Bar and Smith Community, Tallassee, Alabama. 30 B. Uniontown, Alabama. 34 C. Dothan, Alabama. 38 D. Adamsville, Alabama. 41 E. Emelle, Alabama. 44 III. Pronounced Problems. 47 IV. Paradigm for Environmental Equality. 51 V. Conclusion. 54 |
2023 |
|
| Benjamin Longbottom , Aley Gordon |
BEYOND ALL DROUGHT: IMPROVING URBAN WATER CONSERVATION IN THE WEST THROUGH INTEGRATIVE WATER AND LAND USE POLICY |
63 Natural Resources Journal 88 (Winter, 2023) |
Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other... |
2023 |
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| Josephine Rosene |
CANCER ALLEY: A CASE STUDY OF ENVIRONMENTAL INJUSTICE AND SOLUTIONS FOR CHANGE |
16 University of St. Thomas Journal of Law & Public Policy 501 (March, 2023) |
Inspiration for this paper comes from a particular moment in history, in which a seed for change was planted but ultimately never allowed to take root. The moment to which I refer took place on January 16, 1865, when Major General William Tecumseh Sherman issued Special Field Order No. 15. Special Field Order No. 15 called for the confiscation of... |
2023 |
|
| Jeff Todd |
CLIMATE CAP AND TRADE AND POLLUTION HOT SPOTS: AN ECONOMICS PERSPECTIVE |
39 Georgia State University Law Review 1003 (Summer, 2023) |
Although cap and trade is overwhelmingly preferred by economists for reducing greenhouse gases and spurring the adoption of renewables and other zero-carbon alternatives, some scholars and advocates worry that it allows firms to concentrate operations in poor and minority neighborhoods, thus leading to hot spots of harmful co-pollutants.... |
2023 |
|
| Stephen Kim Park , Norman D. Bishara |
CLIMATE CHANGE AND A JUST TRANSITION TO THE FUTURE OF WORK |
60 American Business Law Journal 701 (Winter 2023) |
Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green... |
2023 |
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| Geoff Strommer |
CLIMATE CHANGE IS FORCING INDIGENOUS COMMUNITIES TO RELOCATE WITH LITTLE ASSISTANCE FROM THE FEDERAL GOVERNMENT--BUT CONGRESS CAN MAKE IT EASIER? |
70-SPG Federal Lawyer 17 (Spring, 2023) |
As climate change becomes more and more of a reality for our planet, some of the most impacted communities are America's indigenous people. Tribal Nations (including Alaska Native villages) throughout the United States are experiencing climate threats such as flooding, erosion, permafrost degradation, ocean acidification, increased wildfires,... |
2023 |
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| Benoit Mayer |
CLIMATE CHANGE MITIGATION AS AN OBLIGATION UNDER CUSTOMARY INTERNATIONAL LAW |
48 Yale Journal of International Law 105 (Spring, 2023) |
Climate treaties impose few substantive obligations with respect to climate change mitigation. This Article explores customary international law as an alternative source of such obligations. Such a task faces considerable methodological difficulties due to the tension between ascending and descending reasoning in the identification of customary... |
2023 |
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| Mostafa Mahmud Naser , Hossain Mohammad Reza |
CLIMATE CHANGE, HUMAN MOBILITY, AND CLIMATE FINANCE: POTENTIAL LINKAGES AND CHALLENGES |
38 Journal of Environmental Law & Litigation 139 (2023) |
Abstract. 139 Introduction. 140 I. The Necessity of Funding for the Protection of Climate-Related Migration, Displacement, and Planned Relocation. 144 II. Potential Sources of Funding for Managing Climate-Related Migration, Displacement, and Planned Relocation. 148 A. Existing International Climate Change Finance Architecture. 150 1. Global... |
2023 |
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| Blake Hite |
CLIMATE CHANGE, THE WILLOW PROJECT, AND U.S. SECURITY: A MAELSTROM OF UNREADINESS |
9/11/2023 Georgetown Environmental Law Review Online 1 (9/11/2023) |
Oil rigs operate in the ocean surrounded by floating sea ice (Creative Commons | Bureau of Safety and Environmental Enforcement) Oil has long been a key factor in U.S. national security considerations. In this article, author Blake Hite argues the combination of climate change and oil extraction in the Arctic poses unique national security concerns... |
2023 |
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| Nadia B. Ahmad , Victoria Beatty |
CLIMATE CHAUVINISM: RETHINKING LOSS & DAMAGE |
29 Southwestern Journal of International Law 238 (2023) |
Introduction: Lift Me Up. 239 I. Drowning in an Endless Sea. 240 A. Hurricanes. 241 B. Sea Level Rise. 242 II. Keep me Safe--Safe and Sound. 243 A. Nadia's personal account. 245 B. Victoria's personal account. 246 C. White Privilege. 247 III. Hold Me Down. 250 A. Cancer Alley. 250 B. Loss & Damage. 252 Conclusion.. 255 |
2023 |
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| Duane Rudolph |
CLIMATE DISCRIMINATION |
72 Catholic University Law Review 1 (Winter, 2023) |
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States... |
2023 |
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| Paolo Davide Farah , Alessio Lo Giudice |
CLIMATE JUSTICE IN THE ANTHROPOCENE AND ITS RELATIONSHIP WITH SCIENCE AND TECHNOLOGY: THE IMPORTANCE OF ETHICS OF RESPONSIBILITY |
55 Connecticut Law Review 819 (June, 2023) |
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for... |
2023 |
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| Ling Chen |
CLIMATE LAW EDUCATION AND ITS PLACE IN CANADIAN LAW SCHOOLS |
53 Environmental Law 1 (Winter, 2023) |
Canadian law schools have approached climate law through diverse legal curricula. The increased diversity of their course contents and pedagogies showcases not only the range of knowledge, skillset, and attentiveness fostered in classrooms but also the experimental and inconsistent character of climate law teaching. This Article explores what... |
2023 |
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| Chief Judge Manuel I. Arrieta |
CLIMATE LITIGATION: THE FUTURE IS NOW |
63 Natural Resources Journal 139 (Winter, 2023) |
About a year ago, I received an email from New Mexico Supreme Court Justice Michael Vigil: The National Judicial College was seeking applicants from all fifty states to select one judge from each state for its Judicial Leaders in Climate Science program. This is a program funded and organized by the National Environmental Institute headquartered in... |
2023 |
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| Camila Bustos , Bruni Pizarro , Tabitha Sookdeo |
CLIMATE MIGRATION AND DISPLACEMENT: A CASE STUDY OF PUERTO RICAN WOMEN IN CONNECTICUT |
55 Connecticut Law Review 781 (June, 2023) |
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on... |
2023 |
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| Rafael Leal-Arcas , Luis Ulloa Martinez , Victory Abang , Krishma Kapur , Saffron Greenwood , Konstantinos Chatzopoulos , Archana Nair , Lisa Schoettmer |
CLIMATE NEUTRALITY AND SUSTAINABILITY IN INTERNATIONAL TRADE |
44 University of Pennsylvania Journal of International Law 619 (Spring, 2023) |
This Article explores the links between climate neutrality and sustainability in the context of international trade. For that, it tackles seven main concerns: First, what do industry leaders now need from policymakers to make them the frontrunners in the global transition to climate neutrality? Second, what coalitions are necessary to build and who... |
2023 |
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| Mark Nevitt |
CLIMATE SECURITY INSIGHTS FROM THE COVID-19 RESPONSE |
98 Indiana Law Journal 815 (Spring, 2023) |
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19's human cost is... |
2023 |
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| Madison Condon |
CLIMATE SERVICES: THE BUSINESS OF PHYSICAL RISK |
55 Arizona State Law Journal 147 (Spring, 2023) |
A growing number of investors, insurers, financial services providers, and nonprofits rely on information about localized physical climate risks, like floods, hurricanes, and wildfires. The outcomes of these risk projections have significant consequences in the economy, including allocating investment capital, impacting housing prices and... |
2023 |
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| Todd Aagaard |
CLIMATE, CONTROVERSY, AND COURTS |
96 Southern California Law Review Postscript 78 (2023) |
The Supreme Court's 2022 decision in West Virginia v. EPA, along with other recent cases in which federal courts have grappled with the ongoing climate crisis, offers an opportunity to assess the role of the judiciary in helping the United States adopt effective responses to monumental threats such as the climate crisis. Courts reviewing... |
2023 |
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| Shams Al-Hajjaji |
COASTAL STATE vs. FLAG STATE: COUNTRIES' MITIGATION OF ENVIRONMENTAL HARM FROM SCRUBBERS? |
47 Tulane Maritime Law Journal 185 (Spring, 2023) |
This research argues that countries should adopt unified regulations regarding the release of the wash water from the Exhaust Gas Cleaning Systems in their port, territorial, and Exclusive Economic Zone (EEZ). Ships use scrubbers to decrease their greenhouse gases emission in order to comply with the International Maritime Organization sulphur... |
2023 |
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| Patricia E. Salkin |
COMMENTARY: DAN MANDELKER--A LAND-USE LEGACY UNLIKE ANY OTHER |
52 Urban Lawyer 273 (November, 2023) |
It is an honor to share thoughts about the importance of Professor Daniel Mandelker's legacy to the field of land-use and zoning law. The word legacy means, among other things, something that is part of your history or that remains from an earlier time. At ninety-two, he was the longest actively teaching land use law professor in the United... |
2023 |
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| Kevin Frazier |
CORNER CROSSING: UNLOCKING PUBLIC LANDS OR INVADING THE AIRSPACE OF LANDOWNERS? |
46 Public Land & Resources Law Review 91 (2023) |
I. INTRODUCTION. 92 II. CORNER-LOCKED LANDS EMERGED FROM A QUIRK OF HISTORY AND OVEREXPANSION OF TRESPASS LAW. 92 A. The history of the land grant system and its creation of corner-locked lands. 93 B. The evolution of trespass laws reveals an inadequate balance between protecting private interests and recognizing public needs. 97 III. CORNER... |
2023 |
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| Erin Shields |
COUNTERING EPISTEMIC INJUSTICE IN THE LAW: CENTERING AN INDIGENOUS RELATIONSHIP TO LAND |
70 UCLA Law Review 206 (June, 2023) |
This paper argues that Indigenous peoples in the United States and Canada are subject to epistemic injustice in the law, particularly with regard to many Indigenous groups' worldviews and relationship to land. Many Indigenous cultures share a sacred connection to the traditional homelands they lived on and with, sometimes for thousands of years... |
2023 |
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| Kelly Pisimisi |
CRIMINALIZING ENVIRONMENTAL DEGRADATION AND DEVASTATION: NEW PROSPECTS FOR THE ICC ROME STATUTE? |
38 American University International Law Review 419 (2023) |
INTRODUCTION. 420 I. FROM AN ECO-CENTRIC TO A HUMAN RIGHTSBASED APPROACH. 423 II. IN SEARCH OF A DEFINITION: THE (RE)APPEARANCE OF ECOCIDE IN INTERNATIONAL LAW. 432 III. THE CHALLENGES LURKING THE PROPOSED INTERNATIONAL CRIME OF ECOCIDE. 440 A. A Hybrid International Crime: Studying Its Actus Reus. 441 B. Mens Rea and the Challenge of... |
2023 |
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| Paco Mengual |
DETERMINING AN EFFECTIVE REGULATORY FRAMEWORK FOR BUSINESSES TO REPORT ON THE ENVIRONMENT, CLIMATE, AND HUMAN RIGHTS |
35 Pace International Law Review 224 (Spring, 2023) |
The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on... |
2023 |
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| Tracy Hester |
ECOWORSHIP AND FEDERAL ENVIRONMENTAL LAW |
48 Columbia Journal of Environmental Law 1 (2023) |
As the growing land stewardship movement has joined with rising evangelical environmentalism, religious worship has intersected with ecological protection to spark the rise of a new variety of ecoworship. Given the U.S. Supreme Court's recent willingness to expand constitutional protections for religious exercise and trim bulwarks against... |
2023 |
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