| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Richard E. Levy , University of Kansas School of Law |
RESTRICTIONS ON FOREIGN OWNERSHIP OF LAND |
93-AUG Kansas Bar Journal 11 (July/August, 2024) |
In the 2024 session, the Kansas Legislature approved SB 172, the Kansas Land and Military Installation Act. The KLMI would prohibit the ownership of land within 100 miles of a military installation in the state by certain foreign adversaries of the United States. Although the Legislature failed to override the governor's veto of the bill, it seems... |
2024 |
|
| Alexis Studler |
REVIVING INDIAN COUNTRY: EXPANDING ALASKA NATIVE VILLAGES' TRIBAL LAND BASES THROUGH FEE-TO-TRUST ACQUISITIONS |
29 Michigan Journal of Race and Law 125 (Spring, 2024) |
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and... |
2024 |
|
| Mia M. Rahim, Guy C. Charlton, Abhay Kanwar |
RIVER WATER REGULATION IN INDIA: THE CHALLENGES OF THE ENTANGLED STATE |
19 University of Pennsylvania Asian Law Review 419 (June, 2024) |
The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a state of entanglement which cannot be addressed without invoking the unique way... |
2024 |
|
| Jonathan Liljeblad |
SEA PEOPLES & MARINE PLASTIC POLLUTION IN SOUTHEAST ASIA: AN INTERNATIONAL HUMAN RIGHTS APPROACH IN SUPPORT OF INDIGENOUS RIGHTS TO ENVIRONMENT |
27 UCLA Journal of International Law and Foreign Affairs 59 (Spring, 2024) |
The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance... |
2024 |
|
| Chairwoman Charlene Nelson , Geoff Strommer |
SEEKING HIGHER GROUND--HOW CONGRESS CAN HELP TRIBES BEING PUSHED TO THEIR LIMITS DUE TO CLIMATE CHANGE |
49 Human Rights 8 (2024) |
After months and years of natural disasters and extreme weather events, even the skeptics are having a hard time denying the obvious: climate change is here. And the climate refugees are coming. Many of the first will be Indigenous people, who are often those most affected by climate impacts and who, from all over the world, have been sounding the... |
2024 |
|
| Bryn Arnold |
SILENCE IS VIOLENCE: PROTECTING TITLE IX VICTIMS BY APPLYING TITLE VI'S HOSTILE ENVIRONMENT FRAMEWORK TO CLAIMS OF FURTHER VULNERABILITY |
56 Texas Tech Law Review 783 (Summer, 2024) |
Student-on-student sexual harassment is a serious problem that often goes unnoticed in K-12 education as well as universities. Under Title IX, these federally funded educational institutions owe a duty to their students to protect them from sex discrimination, specifically when there has been a reported incident of sexual harassment and the... |
2024 |
|
| Sarah J. Fox |
SOIL GOVERNANCE AND PRIVATE PROPERTY |
2024 Utah Law Review 1 (2024) |
This is an Article about soil. In consequence, it is also an Article about our relationship to land, and about how that relationship can and must change to confront the many environmental crises facing the United States. Questions about our relationship with the physical environment around us necessarily come to the fore in conversations about soil... |
2024 |
|
| Anya T. Janssen , Melissa K. Scanlan |
SOLVING THE PHOSPHORUS PARADOX: FIVE STATES' APPROACHES TO RESTORING NUTRIENT IMPAIRED SURFACE WATER QUALITY |
47-SPG Environs Environmental Law and Policy Journal 159 (Spring, 2024) |
The phosphorus paradox is a phrase coined to call attention to a challenge of scarcity pitted against overabundance, a story of necessity for a naturally scarce critical element that unfolds into a world of excess and degradation. We depend on phosphorus to feed the world and yet do not treat it as precious nor manage it as finite. Decades of... |
2024 |
|
| Elizabeth Stephani |
SOUTH AFRICA LAND REFORM: MORE IS LESS |
49 Brooklyn Journal of International Law 420 (2024) |
Tension surrounding White land ownership in South Africa persists nearly twenty years after the historic 1994 elections ushered in the a new era of freedom for non-White South Africans. White South Africans still own 72 percent of the country's private farmland. These realities have fueled political hate speech; including the controversial rally... |
2024 |
|
| Hon. Kostan R. Lathouris , CHIEF JUDGE OF THE LAS VEGAS PAIUTE TRIBAL COURT |
SOVEREIGNTY, JURISDICTION, AND LANDS MATTER |
32-FEB Nevada Lawyer 18 (February, 2024) |
The lights of a county law enforcement vehicle flashed in my rearview mirror. I had just left the reservation and was driving on a part of the road where everyone ignored the posted speed limits--unless, of course, there were donkeys wandering around. There were no donkeys that day. I was speeding, no question about it. So, I pulled over and waited... |
2024 |
|
| Josiah Wolf |
SPRAWL AND CLIMATE CATASTROPHE: NORMATIVE CHALLENGES IN ZONING FOR DECARBONIZATION |
37 Tulane Environmental Law Journal 129 (Winter, 2024) |
I. Introduction. 129 II. Sprawl, Zoning, and Decarbonization. 131 A. The Impact of Climate Change on the Urban Environment. 131 B. Why is Addressing Climate Change Through Land Use Policy So Crucial?. 133 C. Zoning's History, Facilitation of Sprawl, and Unfortunate Incentives. 137 III. Preemption, the Administrative State, and Legitimacy. 141 A.... |
2024 |
|
| Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
|
| Stephen D. Earsom |
STRIKING BEFORE THE IRON IS HOT: HOW TRIBES IN THE EAST CAN ASSERT THEIR WINTERS RIGHTS TO PROTECT TRIBAL SOVEREIGNTY & MITIGATE CLIMATE CHANGE |
42 Virginia Environmental Law Journal 47 (2024) |
Federally recognized tribes have been denied access to their legal allotments of water for over two centuries through a combination of federal assimilation and annihilation programs, inequitable provision of irrigation systems by federal agencies, and hostile state governments. The Winters doctrine is leaned upon heavily by tribes in the western... |
2024 |
|
| Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
|
| Nicholas E. Armstrong |
SWEAT EQUITY: A CONTEMPORARY ANALYSIS OF LAND DISPOSSESSION OF BLACK FARMERS IN THE SOUTHERN UNITED STATES |
73 Washington University Journal of Law & Policy 408 (2024) |
Black rural land ownership is not what it was once was and Black rural landowners own far less than what they could and should own. Upwards of ninety percent of Black rural landowners have been dispossessed of their land due to government agency failure, systemic discrimination, and private prejudice that has shaped the legal landscaped since... |
2024 |
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| Rose Cuison-Villazor |
THE 2023 ALIEN LAND LAWS AND HISTORICAL AMNESIA |
46 Western New England Law Review 102 (2024) |
Thank you Western New England Law Review, Andrew Loin (Editor-in-Chief), and Dean Zelda Harris for inviting me to participate in this incredibly powerful conference. I have learned so much from the speakers and panel discussions today. It truly is an honor to be part of this symposium. Since I am one of the last speakers of the day, I thought that... |
2024 |
|
| Scott W. Stern |
THE CASE FOR CLIMATE REPARATIONS |
128 Dickinson Law Review 529 (Winter, 2024) |
Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become... |
2024 |
|
| Gina S. Warren |
THE CHRONIC GROWING PROBLEM: ENVIRONMENTAL AND SOCIAL JUSTICE CONCERNS WITH INDOOR CANNABIS GROWS |
45 Cardozo Law Review 1901 (August, 2024) |
The rapid legalization of recreational marijuana across states has created en vironmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social... |
2024 |
|
| Keith H. Hirokawa, Cinnamon P. Carlarne |
THE CLIMATE MORATORIUM |
11 Texas A&M Law Review 365 (Winter, 2024) |
Climate change is our new reality. The impacts of climatic changes, including massive forest fires, floods, drought, severe storms, saltwater intrusion, and the resulting migration of people displaced by such impacts, will continue to ravage communities across the nation into the foreseeable future. In the meantime, communities continue to expand... |
2024 |
|
| Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... |
2024 |
|
| Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely |
THE EU-ASEAN COMPREHENSIVE AIR TRANSPORT AGREEMENT (2022): FROM REGIONAL TO INTERREGIONAL TO GLOBAL? |
89 Journal of Air Law and Commerce 391 (Summer, 2024) |
The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU's effort to set a global benchmark in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU... |
2024 |
|
| Islam Attia |
THE JUDICIALIZATION OF CLIMATE CHANGE: THE TECHNIQUE AND ITS PROLIFERATION |
56 New York University Journal of International Law & Politics 833 (Spring, 2024) |
--Nothing falls beyond the purview of judicial review --Interpretation is the only game in town On 29 March 2023, the UN General Assembly (UNGA) requested an advisory opinion from the International Court of Justice (ICJ) on the legal consequences of climate change under several regimes including international human rights law. Due to the... |
2024 |
|
| Cosmas Emeziem |
THE LAW OF THE SEA CONVENTION 1982 AT FORTY-TWO: MILESTONES, TURBULENT WATERS, AND GLOBAL PEACE |
55 George Washington International Law Review 393 (2024) |
This Article briefly explores the forty-two-year history of the 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention), looking at its milestones, challenges, and enduring puzzles about the law of the Sea and the current realities of international relations. Often referred to as the constitution of the oceans, UNCLOS is... |
2024 |
|
| Daina Bray, Thomas M. Poston |
THE METHANE MAJORS: CLIMATE CHANGE AND ANIMAL AGRICULTURE IN U.S. COURTS |
49 Columbia Journal of Environmental Law 145 (2024) |
Over two dozen lawsuits have been filed in U.S. courts against fossil fuel companies by state and local government plaintiffs alleging climate harms and deceptions. But there are other central actors beyond these Carbon Majors that contribute heavily to the warming climate. Prominent among them is the animal agriculture sector, a significant... |
2024 |
|
| Ilias Bantekas |
THE OFF-GRID REVOLUTION AND THE "PROMISE" OF ENERGY EQUALITY UNDER THE PARIS CLIMATE CHANGE AGREEMENT |
23 Northwestern Journal of Human Rights 43 (Fall, 2024) |
Abstract--A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls energy equality. Although this equality is... |
2024 |
|
| Nicholas S. Bryner |
THE ONCE AND FUTURE CLEAN AIR ACT: IMPACTS OF THE INFLATION REDUCTION ACT ON EPA'S REGULATORY AUTHORITY |
65 Boston College Law Review 1 (January, 2024) |
Introduction. 3 I. History of the Clean Air Act's Technology-Forcing Standards. 7 A. Air Quality and Technology Standards in the Clean Air Act. 10 B. Technology-Forcing Standards in the 1970 Clean Air Act. 11 C. New Source Review: Technology-based Standards Balanced with Cost on a Case-by-Case Basis. 12 1. The Scope of NSR. 13 2. Application:... |
2024 |
|
| Jennifer O'Rourke |
THE OVERLOOKED COMMUNITIES OF FORCED DISPLACEMENT IN THE UNITED STATES: HUMANIZING THE RELOCATION OF INDIGENOUS TRIBES IN THE FACE OF CLIMATE CHANGE |
92 University of Cincinnati Law Review 850 (2024) |
For Tribal communities on the coastlands of Louisiana, the effects of climate change are not a distant threat, but an ever-present force of destruction. For Chantel Comardelle, the daughter of the deputy Tribal Chief of the Isle de Jean Charles band of the Biloxi-Chitimacha-Choctaw Tribe, the effects are both devastating and permanent: Once our... |
2024 |
|
| Michael J. Kelly |
THE RIGHT TO A HEALTHY ENVIRONMENT: UNDERLYING POLICY FORMATION CHALLENGES IN THE UNITED STATES DURING THE TRUMP ERA |
56 Case Western Reserve Journal of International Law 117 (Spring, 2024) |
I. Introduction. 117 II. Health Policy Failure. 123 III. Climate Change Policy Failure. 135 IV. Enforcement. 143 V. Conclusion. 146 Appendix. 147 |
2024 |
|
| Kyle J. Bobeck |
THE RIGHT TO BREATHE: A CONSTITUTIONAL PATH TO AN ENVIRONMENTAL AMENDMENT |
85 University of Pittsburgh Law Review 433 (Winter, 2024) |
The constitutions of more than three-quarters of the countries on Earth explicitly reference environmental rights or responsibilities, but that is not the case in the United States. The U.S. Constitution contains no unequivocal right to a clean environment, and attempts to sway federal judges to find an implied right have not been successful.... |
2024 |
|
| Leonard R. Powell |
THE SUPREME COURT AND TRIBAL WATER RIGHTS |
49 Human Rights 4 (2024) |
Few issues in the American West are as pressing or as vexing as the escalating water crisis. And as water in the West continues to dry up, Tribal water rights become more and more critical with every passing year. Against this backdrop, the U.S. Supreme Court recently decided Arizona v. Navajo Nation, a case that asked whether the Navajo Nation's... |
2024 |
|
| Dave Owen |
THE WATER DISTRICT AND THE STATE |
134 Yale Law Journal 1 (October, 2024) |
In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In... |
2024 |
|
| Isaac Lunt |
TOWARD DISTRIBUTED NATURE: THE AFFORESTATION EASEMENT AND A REGENERATIVE LAND ETHIC |
124 Columbia Law Review 1081 (May, 2024) |
Anthropogenic climate change is altering humanity's relationship to the natural world. As extreme weather events become more frequent and biodiversity plummets, humankind has three responsibilities: lower carbon dioxide emissions, preserve what remains of the natural world, and generate new pockets of nature to slowly rebuild what we have... |
2024 |
|
| Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
|
| Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
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| Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
|
| Katherine Baker, Rose Athena Collins |
TRUST THE PROCESS: INTERIOR PROMISES FINAL RULE WILL STREAMLINE TRIBAL TRUST LAND ACQUISITIONS |
40 Practical Real Estate Lawyer 19 (Sep-24) |
The administrative process by which tribal nations obtain trust status for land to conduct off-reservation gaming or other activities has been criticized by some as cumbersome, lengthy, and overly burdensome. With recently implemented amendments to 25 Code of Federal Regulations (CFR) part 151, the Biden Administration seeks to make this process... |
2024 |
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| Mekonnen Firew Ayano , Associate Professor, University at Buffalo School of Law, Buffalo, NY, United States, Email: mfayano@buffalo.edu |
UNDERSTANDING THE LOCAL COMPLEXITIES IN LAND LAW REFORMS: THE CASE OF LAND INALIENABILITY IN ETHIOPIA, 1991-2018 |
49 Law and Social Inquiry 2398 (November, 2024) |
(Received 24 July 2023; revised 15 February 2024; accepted 15 April 2024; first published online 18 September 2024) Postcolonial governments often restrict the market alienability of land rights for various policy reasons. One policy aims to treat all citizens equivalently and safeguard vulnerable social communities equally, as an unrestrained land... |
2024 |
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| Emily Campbell |
UNEQUAL LAND: TOWARDS FULL RECOGNITION OF INDIGENOUS PEOPLE'S RELIGIOUS RIGHTS |
10 Texas A&M Journal of Property Law 167 (11-Apr-24) |
Indigenous people face disparate treatment regarding religious free-exercise claims in the United States court system. Specifically, courts misconstrue native religious practices and hold native religious practitioners to a higher standard of proof than practitioners of mainstream religions in their free-exercise claims. This Article analyzes the... |
2024 |
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| Elena Chang |
WAI EA: RESTORING HAWAI'I'S PUBLIC TRUST AND RECLAIMING LAHAINA'S WATER FUTURE |
46 University of Hawaii Law Review 366 (Spring, 2024) |
I. Introduction. 367 II. The Legacy of Plantation Disaster Capitalism in Lahaina. 375 A. The Dewatering of Lahaina's Abundant Landscape. 377 B. State-Aided Disaster Capitalism. 385 III. Restoring Hawai'i's Public Trust. 396 A. Decisionmakers Confound Balance in the Struggle to Effectuate Hawai'i's Public Trust. 397 B. Restorative Environmental... |
2024 |
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| Thomas R. Prible |
WALKING ON HOT COALS: USING THE INTER-AMERICAN HUMAN RIGHTS SYSTEM TO PROTECT BLACK COMMUNITIES' RIGHT TO A HEALTHY ENVIRONMENT |
34 Indiana International & Comparative Law Review 379 (2024) |
Franky. Julia Gillespie. Cyrus. Twenty-four people with recorded names, and 152 listed simply as Female age 8 or Male age 50. They range from one to sixty years old, and they represent the known enslaved persons associated with Philip Henry Pitts and his brothers, who were cotton planters in the Black Belt region of Alabama. One of his estates,... |
2024 |
|
| 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 |
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| 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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