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Full-Text Articles in Law
Regulation--And Contract--In Environmental Law, Richard A. Epstein
Regulation--And Contract--In Environmental Law, Richard A. Epstein
West Virginia Law Review
No abstract provided.
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein
West Virginia Law Review
No abstract provided.
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin
West Virginia Law Review
No abstract provided.
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor
Dalhousie Law Journal
It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.
Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner
Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner
Vanderbilt Journal of Transnational Law
This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …
Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly
Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly
Vanderbilt Journal of Transnational Law
The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey
Osgoode Hall Law Journal
This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …