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The Regulatory Shifting Baseline Syndrome: Public Law As Cultural Memory, Robin Kundis Craig
The Regulatory Shifting Baseline Syndrome: Public Law As Cultural Memory, Robin Kundis Craig
Utah Law Faculty Scholarship
In 2013, the U.S. Supreme Court declared unconstitutional the Voting Rights Act’s preclearance requirements for six states’ voting laws, and many of those states almost immediately enacted new voting restrictions, that disparately affected citizens of color. In the 1980s and 1990s, Congress deregulated financial markets, including dismantling protections that had been in place since the New Deal, allowing firms to introduce new forms of derivatives — and systemic risk — into the economy, leading to 2008’s housing crisis. In the early 21st century, state legislatures increasingly enacted exemptions from state vaccination requirements that allowed parents to skip their children’s vaccinations, …
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Catholic University Law Review
Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …