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Articles 91 - 120 of 354
Full-Text Articles in Law
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
Publications
No abstract provided.
Nuclear Futures, Joseph P. Tomain
Nuclear Futures, Joseph P. Tomain
Duke Environmental Law & Policy Forum
No abstract provided.
Coal-Fired Power In A Restructured Electricity Market, David B. Spence
Coal-Fired Power In A Restructured Electricity Market, David B. Spence
Duke Environmental Law & Policy Forum
No abstract provided.
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
Washington International Law Journal
At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
Scholarly Publications
No abstract provided.
The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen
The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen
Duke Environmental Law & Policy Forum
No abstract provided.
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
Faculty Works
No abstract provided.
J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd
J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White
William & Mary Environmental Law and Policy Review
No abstract provided.
Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino
Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino
William & Mary Environmental Law and Policy Review
No abstract provided.
Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett
Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett
William & Mary Environmental Law and Policy Review
No abstract provided.
Sweeping The Mess Under Hanford's Rug: How The State Of Washington And Its Citizens Groups Plan To Clean It Up, Shannon E. West
Sweeping The Mess Under Hanford's Rug: How The State Of Washington And Its Citizens Groups Plan To Clean It Up, Shannon E. West
William & Mary Environmental Law and Policy Review
No abstract provided.
On Integrity: Some Considerations For Water Law, Christine A. Klein
On Integrity: Some Considerations For Water Law, Christine A. Klein
UF Law Faculty Publications
Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …
Editor’S Note, Scott Michael Edson
Editor’S Note, Scott Michael Edson
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr.
Duke Environmental Law & Policy Forum
No abstract provided.
Address To The Environmental Regulation, Energy, And Market Entry Symposium, Suedeen G. Kelly
Address To The Environmental Regulation, Energy, And Market Entry Symposium, Suedeen G. Kelly
Duke Environmental Law & Policy Forum
No abstract provided.
Power Future, Steven Ferrey
Power Future, Steven Ferrey
Duke Environmental Law & Policy Forum
No abstract provided.
Transmission Siting In Deregulated Wholesale Power Markets: Re-Imagining The Role Of Courts In Resolving Federal-State Siting Impasses, Jim Rossi
Duke Environmental Law & Policy Forum
No abstract provided.
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Duke Environmental Law & Policy Forum
No abstract provided.
A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard
A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard
Student Articles and Papers
The current tort "reform" movement, if successful, will completely undermine our most effective tool for deterring outrageous corporate misconduct: the threat of punitive damages. Such "reform" would have a particularly egregious impact on the environment and public health because, due to a lack of enforcement and the undetectable nature of many pollutants, environmental offenses are often more difficult to deter than other types of offenses. The essay argues that, although rarely imposed for environmental offenses, punitive damages are especially vital in that arena because, when imposed, they are richly deserved. It concludes that, rather than tort reform, what we need …
The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth
The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth
David A. Wirth
No abstract provided.
Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth
Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth
David A. Wirth
No abstract provided.
Public Agencies As Lobbyists, Jody Freeman
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
ExpressO
This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
ExpressO
Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms’ environmental management. Synthesizing the results of a conference of leading scholars and …
Soft Regulators, Tough Judges, Gerrit De Geest, Giuseppe Dari-Mattiacci
Soft Regulators, Tough Judges, Gerrit De Geest, Giuseppe Dari-Mattiacci
George Mason University School of Law Working Papers Series
Judges have a tendency to be more demanding than regulators. In the United States, a majority of the courts has adopted the rule that the unexcused violation of a statutory standard is negligence per se. However, the converse does not hold: compliance with regulation does not relieve the injurer of tort liability. In most European legal systems, the outcome is similar. We use a framework in which, on the one hand, the effects of tort law are undermined by insolvency and evidence problems and, on the other hand, regulation is expensive in terms of monitoring and information gathering. We show …
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Publications
No abstract provided.
Delawate River Basin Compact, Jeffrey Featherstone
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Faculty Scholarship
This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …