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Articles 1 - 3 of 3
Full-Text Articles in Law
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Journal Publications
The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …
A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr
A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr
Journal Publications
The United States Constitution is a parsimonious document, meant to retain the dynamic processes of the three branches of government within their respective spheres and overarching principles, beyond which it offers the latitude necessary for the developing nation to adapt to future contingencies. The Congress and the President are the governing institutions of two of those branches, to which agility is essential as a matter of survival. The most agile tool that the President has is the executive order. There is no statutory authority for the federal executive order or any other source that describes its legal effect, as such, …
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Journal Publications
In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in …