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Full-Text Articles in Law

Applying Some Lessons From The Gulf Oil Spill To Hydraulic Fracturing, Heidi Gorovitz Robertson Jul 2013

Applying Some Lessons From The Gulf Oil Spill To Hydraulic Fracturing, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

In this article, Robertson notes that Ohio is moving quickly towards hydraulic fracturing of horizontal wells and some argue it has insufficiently considered and managed that rush in light of the potentially disastrous, albeit unlikely, consequences of groundwater contamination, explosion at wells or drilling sites, depletion of freshwater supply as high volumes are used in fracturing, and disposal of contaminated flowback water. Similarly, although drilling for oil from deep water rigs was neither a new idea nor a new technology when the Macondo well blew out on April 20, 2010—killing 11 people, spewing tons of oil in the Gulf ...


New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer Jan 2013

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of ...


The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer Jan 2013

The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer

David Barnhizer

It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances ...


The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer Jan 2013

The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer

David Barnhizer

It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within ...


Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin Jan 2013

Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin

Cleveland State Law Review

The State of Ohio holds all land underlying the waters of Lake Erie and navigable rivers, as well as all artificially filled land, in trust for the benefit of the people of Ohio. Traditionally, private use of trust resources was subject to the public rights of navigation, water commerce, and fishing. This principle, known as the public trust doctrine, exists in every state but takes myriad forms and protects widely varying uses and interests. Many states have clarified their public trust doctrines through statutes or judicial review in order to meet the public’s changing needs, but Ohio’s public ...


A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar Jan 2013

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

The Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same ...