Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Golden Gate University Law Review
This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …
Remembering The Spirit Of The Endangered Species Act: A Case For Narrowing Agency Discretion To Interpret "Significant Portion" Of A Species' Range, Ashling P. Mcananey
Remembering The Spirit Of The Endangered Species Act: A Case For Narrowing Agency Discretion To Interpret "Significant Portion" Of A Species' Range, Ashling P. Mcananey
Golden Gate University Law Review
Part I of this Comment addresses the importance of biodiversity and the need to protect endangered and threatened species. A lack of an understanding of, and respect for, the manner in which all species improve our quality of life can make it difficult to support the ESA when it conflicts with the interests of property owners or the federal government. Part II briefly details the history of the 1973 ESA and its predecessor statutes. Part III provides a summary of the relevant portions of the ESA. Part IV outlines the substantive guidelines and procedural safeguards to be adopted by the …
Environmental Law, Steven White, Michael S. Williams
Environmental Law, Steven White, Michael S. Williams
Golden Gate University Law Review
No abstract provided.
A Knot In The Line: Sea Turtle Bycatch Reduction Problems In The United States Atlantic Pelagic Longline Fishery, Alicia Pradas-Monne
A Knot In The Line: Sea Turtle Bycatch Reduction Problems In The United States Atlantic Pelagic Longline Fishery, Alicia Pradas-Monne
Golden Gate University Environmental Law Journal
Part I of this Comment describes the problem of sea turtle bycatch, focusing on the direct impacts on sea turtles, ineffective laws, and poor reporting. Part II describes the U.S. Atlantic pelagic longline fishing industry by discussing longline fishing methodology, the historical background of the industry, the fish species harvested, and the areas covered by the fishery. Part III describes the current laws and regulations designed to protect sea turtles from becoming bycatch in the U.S. Atlantic pelagic longline fishery. Finally, Part IV provides recommendations for reducing sea turtle bycatch in the future.