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The Rehnquist Court And The Pollution Control Cases: Anti-Environmental And Pro-Business?, Mark A. Latham
The Rehnquist Court And The Pollution Control Cases: Anti-Environmental And Pro-Business?, Mark A. Latham
Mark A. Latham
In this Article I address whether the assertions made by a number of commentators criticizing the Rehnquist Court as a pro-business and anti-environmental Court are accurate. To answer this question, I specifically focus on the cases arising under the so-called “pollution control” statutes during the tenure of William H. Rehnquist as Chief Justice. The pollution control statutes collectively regulate a wide spectrum of businesses and industries, and an analysis of the cases arising under these statutes should, consequently, reflect the bias that is claimed to have existed in the Court’s environmental jurisprudence under the leadership of Chief Justice Rehnquist. Contrary …
High Speed Rail Transit: Developing The Case For Alternative Transportation Schemes In The Context Of Innovative And Sustainable Global Transportation Law And Policy , Kamaal Zaidi
Kamaal Zaidi
This paper examines high-speed rail transit in the context of global transportation law and policy. Given increasing traffic congestion and rising pollution from existing forms of transportation, the author argues that high-speed rail transit is gaining popularity, and is quickly becoming a part of the transportation sector in several nations. The rise of this form of alternative has much to do with a strong commitment from legislators, and from growing partnerships between public and private entities. This commitment comes in the form of funding mechanisms, technological research and development, and application of environmental measures designed to reduce the impact of …
The Geography Of Climate Change Litigation Part 2: Narratives Of Nation-States And Thirdspace, Hari M. Osofsky
The Geography Of Climate Change Litigation Part 2: Narratives Of Nation-States And Thirdspace, Hari M. Osofsky
Hari Osofsky
This article aims to interweave two current crises for law and policy in the United States: (1) the extent of our commitment to international law and (2) the approach we will take to regulating global climate change. It argues that achieving progress on both fronts requires interrogating the geographic assumptions in major conceptual approaches to international legal theory and the implications of those assumptions for their narratives of climate change litigation. To that end, it develops a taxonomy of international legal theory based on how those approaches view nation-state spaces—Westphalian, modified Westphalian, pluralist, and critical—and considers how a law and …
Protecting The World's Largest Body Of Fresh Water: The Often Overlooked Role Of Indian Tribes' Co-Management Of The Great Lakes, Jacqueline P. Hand
Protecting The World's Largest Body Of Fresh Water: The Often Overlooked Role Of Indian Tribes' Co-Management Of The Great Lakes, Jacqueline P. Hand
Jacqueline P Hand
During the first years of this century the Great Lakes states and provinces undertook the Annex 2001 negotiation process, which focuses on protecting the largest body of fresh water on the globe from excessive exploitation. The binding compact which resulted between the states, in coordination with a parallel voluntary agreement with the Canadian province of Quebec, is an excellent example of cooperation to protect an important environmental and economic resource. This process was marred by the persistent unwillingness to include the American Indian tribes and Canadian First Nations who have sovereign claims to the Great Lakes. This article discusses the …