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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad
Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright
Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright
Environmental and Earth Law Journal (EELJ)
It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that …
Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp
Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp
Environmental and Earth Law Journal (EELJ)
The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …
Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon
Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon
Environmental and Earth Law Journal (EELJ)
This paper investigates central ideas in the emergent field of Earth Jurisprudence. It suggests that development of conceptual and practical frameworks for an earth justice system predicated on rights of nature is currently at a nascent stage, but such ‘creative uncertainty’ provides scholars and practitioners with opportunities to identify and articulate new conceptual frameworks which avoid some of the hazards of human exceptionalism.
Part I suggests that the concept of ‘rights of nature’ rests upon contestable epistemological and ontological claims and that an effective Earth Jurisprudence will require a continual negotiation of interpretative disagreements and frameworks for action.
Part II …
State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki
State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki
Environmental and Earth Law Journal (EELJ)
This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …
Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior
Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior
Environmental and Earth Law Journal (EELJ)
The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.
This article uses the principles of environmental justice to analyze ways …
Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra
Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra
Faculty Scholarship
Over one hundred million women in the world are estimated to be “missing” from the world’s population due to some form of gendercide. Gendercide exists on almost every continent and affects every class of people. Gendercide has traditionally taken the form of sex-selective abortion, infanticide, or death caused by neglect. Sex-selective abortions occur when a pregnancy is terminated due to the sex of the fetus. In the last few decades, technological advances have allowed potential parents to identify the gender of their baby early in the first trimester. Recently, with the advent of newer technology that allows one to choose …
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
Twenty-Five Years After Baby M: How Rules Can Bring Certainty To The World Of Surrogacy Contracts
Twenty-Five Years After Baby M: How Rules Can Bring Certainty To The World Of Surrogacy Contracts
Child and Family Law Journal
No abstract provided.
Defining Parenthood: Evolution Or Pendulum Swing?
Defining Parenthood: Evolution Or Pendulum Swing?
Child and Family Law Journal
No abstract provided.
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
Faculty Scholarship
No abstract provided.
'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani
'You Are Hereby Sentenced To A Term Of . . . Enslavement?': Why Prisoners Cannot Be Exempt From Thirteenth Amendment Protection, Alvaro Hasani
Barry Law Review
No abstract provided.
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Redefining Offer In Contract Law, Daniel P. O'Gorman
Redefining Offer In Contract Law, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli
Faculty Scholarship
In his autobiography, Chief Justice Earl Warren described Baker v.Carr as “the most important case of [his] tenure on the Court.” Following Brown v. Board of Education by eight years, Baker was the second “blockbuster” case of the Warren Court. Warren felt that, if the progeny of Baker had preceded Brown, Brown would have been unnecessary. As with other major Supreme Court cases, Baker featured rhetoric from highly influential justices, two of whom in this case were Justice William Brennan and Justice Felix Frankfurter. Justice Brennan would write the groundbreaking opinion for the Court that would be part of “the …
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
Faculty Scholarship
No abstract provided.
A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page
A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
Unlocking The Eighth Amendment's Power To Make Innocence A Constitutional Claim: The 'Objective' Views Of State Legislators, David Niven
Barry Law Review
No abstract provided.