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Articles 5461 - 5490 of 18166
Full-Text Articles in Law
Eyes On Bangladesh's Disappearing Coasts: Proposed Constitutional Protections For Coastal Communities Particularly Vulnerable To Climate Change, Sabrina Persaud
Eyes On Bangladesh's Disappearing Coasts: Proposed Constitutional Protections For Coastal Communities Particularly Vulnerable To Climate Change, Sabrina Persaud
Student Works
Climate change, a phenomenon caused by global warming, has impacted just about every part of the earth. As polar ice caps continue to melt, people across the world are experiencing record-breaking heat waves and warmer winters. These erratic weather patterns are just one of the many impacts of climate change. Changes in temperature have altered ecosystems and habitats for terrestrial and marine wildlife, and caused human health to deteriorate. Larger, more industrialized countries are the major contributors to climate change; however, smaller countries, such as Bangladesh, suffer the consequences. This article analyses the negative effects that climate change has had …
Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Environmental Law In Madagascar: The Nagoya Protocol On Genetic Resource Use, Access And Benefit Sharing, Sarah Sanbar
Environmental Law In Madagascar: The Nagoya Protocol On Genetic Resource Use, Access And Benefit Sharing, Sarah Sanbar
Independent Study Project (ISP) Collection
The rapid expansion of the biosciences has led many to turn to nature in search of genetic resources of commercial value. Bioprospecting, or the search for plants and animals from which commercially valuable compounds can be obtained, is often a transnational activity. Four-fifths of the world’s biodiversity is found in developing countries, and those searching to exploit the biodiversity of these nations overwhelmingly tend to come from developed, wealthy countries. This asymmetry, when coupled with the lack of institutional legislative frameworks and regulation, creates a plethora of user/host conflicts. This paper seeks to examine the current state of affairs regarding …
Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever
Sustainable Development And Its Discontents, John C. Dernbach, Federico Cheever
John C. Dernbach
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Robert R.M. Verchick
Conservatives love to belittle federal regulations — especially the ones designed to keep our air clean, our water drinkable, our workplaces safe, and our financial markets stable. Conservatives, of course, don’t oppose any of those things. They just think unregulated markets, left on their own, will keep bad things from happening. Customers will see when a dishonest company is putting Americans at risk; and when they do, they will unleash their fury and incinerate it. Unbridled capitalism is the world’s largest self-cleaning oven. Last week’s news from the automotive industry should lay that argument to rest.
Adaptasi Konsep Imbal Jasa Lingkungan Sebagai Persyaratan Pendaftaran Paten Yang Menggunakan Bahan Sumber Daya Genetik Di Indonesia, Vika Andini
Jurnal Hukum & Pembangunan
Natural resources exploitation not only have an effect to the balance of environment ecosystem but also to the indigenous people as a caretaker for the genetic resources. The indigenous people are the most entitled ones to gain the commercial benefit from the use of the genetic resources.The protection and benefit sharing for the use of genetic resources need to be reaffirmed in the existing national law instrument. The provision about the protection and benefit sharing in the use of genetic resources can not only regulated in environment law instrument, but should regulated in intellectual property right law instrument as well. …
Pope Francis, Environmental Anthropologist, John Copeland Nagle
Pope Francis, Environmental Anthropologist, John Copeland Nagle
Journal Articles
In June 2015, after much anticipation and a few leaks, Pope Francis released his encyclical entitled “Laudato Si’: On Care for Our Common Home. “Laudato si’” means “praise be to you,” a phrase that appears repeatedly in Saint Francis’ Canticle of the Sun poem. The encyclical itself has been widely praised and widely reported, far more than one would expect from an explicitly religious document. The encyclical is breathtakingly ambitious. Much of it is addressed to “every person living on this planet,” while specific parts speak to Catholics and others to religious believers generally. It surveys a sweeping range of …
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Jill M. Fraley
None available.
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Jill M. Fraley
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …
Environmental Tax Incentives: What The United States Can Learn From The Netherlands And Japan, Kali Waller
Environmental Tax Incentives: What The United States Can Learn From The Netherlands And Japan, Kali Waller
Golden Gate University Environmental Law Journal
This Comment explores policy developments in the United States, Netherlands, and Japan, and identifies elements possessed by the most successful environmental tax schemes: simplicity, cost-effectiveness, and culture-specificity. These countries offer a diverse view of Western and Eastern culture and tax paradigms. Each country has a distinct way of managing taxes while implementing programs that encourage environmental reform. Additionally, the culture in each country is unique, making tax implementations and management particular to each.
In Part II, this Comment addresses the historical development of Green Building and Energy efficiency globally and in the United States, the Netherlands, and Japan. Part III …
Taming The West: Senate Bill 4 And California's Struggle To Regulate Fracking, Justin Hedemark
Taming The West: Senate Bill 4 And California's Struggle To Regulate Fracking, Justin Hedemark
Golden Gate University Environmental Law Journal
This Comment begins with a history of fracking, the current impact of the practice, and why it has become such a highly contested issue. It will explain how fracking is being done in California and present the current landscape of federal and state regulations. Specifically, California fracking regulations are currently in a state of flux due to the recent enactment of California State Senate Bill 4 ("SB 4"). The Argument section of this Comment posits that SB 4 may have some beneficial effects regarding increased environmental protection and regulatory oversight, but there remain weak spots in the current regulations that …
An Unfulfilled Promise: How National Security Deference Erodes Environmental Justice, Mccall Baugh
An Unfulfilled Promise: How National Security Deference Erodes Environmental Justice, Mccall Baugh
Golden Gate University Environmental Law Journal
This Comment focuses on two main issues: environmental justice's procedural limitations following Alexander v. Sandoval, and the loopholes within existing environmental legislation as they apply to military activities. In this respect, Richard Armour's famous idiom "hindsight is 20/20" is telling. As long as the military has carte blanche to ignore environmental laws, environmental justice will continue to remain a legal mirage beholden to the government's pecking order of judicial deference. Vague notions of national security and deference to the military wrinkle the fabric of environmental laws that are intended to create safe and healthy communities. Legislators must close loopholes …
Creating Middle Harbor Shoreline Park, Jim Mcgrath
Creating Middle Harbor Shoreline Park, Jim Mcgrath
Golden Gate University Environmental Law Journal
This Article is a remembrance of the collaborative planning efforts that led to the creation of Middle Harbor Shoreline Park in Oakland.7 As the Article proceeds, it will shift between a third-person account and a first-person narrative recorded by the author, who served as manager of the Port of Oakland's Environmental Department and led the planning efforts that resulted in the creation of Middle Harbor Shoreline Park. The author believes that to tell the story of the park's creation, it is necessary to explain the controversies that surrounded its creation and to discuss the values and techniques that led to …
The M/V Cosco Busan Oil Spill: Turning The Tide - A Model Of Successful Collaboration, Lgnacia S. Moreno, Bradley R. O'Brien
The M/V Cosco Busan Oil Spill: Turning The Tide - A Model Of Successful Collaboration, Lgnacia S. Moreno, Bradley R. O'Brien
Golden Gate University Environmental Law Journal
There are numerous federal and state statutes that allow for the recovery of natural-resource damages and other relief in the event of an oil spill. This Article provides a practical overview of the federal laws that were utilized in the aftermath of the M/V Cosco Busan Oil Spill; discusses the natural resource injury and damage evaluation; and describes how the settlement funded projects that restore, rehabilitate, or replace natural resources injured, destroyed, or lost as a result of the Oil Spill.
Environmental Resistance: Defying Capitalism's Structure Of False Rebellion, Laura A. Cisneros
Environmental Resistance: Defying Capitalism's Structure Of False Rebellion, Laura A. Cisneros
Golden Gate University Environmental Law Journal
This Article analyzes a collection of landmark environmental protection laws and mainstream ecological strategies to point out their concessions to the overarching capitalist paradigm and to begin thinking about resistance as a distinctive experience that has the ability to move environmentalism beyond the constraints currently imposed on it by capitalist structures, language, and psychology. Part II examines the theories of and arguments for market-based environmental protection strategies, concluding with a critique of those strategies. Part III explores the false antinomy between capitalism and environmentalism as it is currently expressed within United States environmental law. Part IV discusses how the false …
In This Volume, Owen P. Stephens
In This Volume, Owen P. Stephens
Golden Gate University Environmental Law Journal
No abstract provided.
Volume 8, No. 1 Table Of Contents
Volume 8, No. 1 Table Of Contents
Golden Gate University Environmental Law Journal
No abstract provided.
Volume 8, No. 1 Masthead
Golden Gate University Environmental Law Journal
No abstract provided.
Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth
Moderator, Pope Francis’S Encyclical: An Ethical Summons To Tackle Climate Change, David Wirth
David A. Wirth
No abstract provided.
Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth
Co-Organizer, Our Common Home: An Ethical Summons To Tackle Climate Change, David Wirth
David A. Wirth
No abstract provided.
Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law
Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan
Matthew Rimmer
Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …
Antimonopoly In Public Land Law, Michael Blumm, Kara Tebeau
Antimonopoly In Public Land Law, Michael Blumm, Kara Tebeau
Michael Blumm
Public land law is often thought to be divided into historical eras like the Disposition Era, the Reservation Era, and the Modern Era. We think an overarching theme throughout all eras is antimonopoly. Since the Founding, and continuing for over two-and-a-quarter centuries into the 21st century, antimonopoly policy has permeated public land law. In this article we show the persistence of antimonopoly sentiment throughout the public land history, from the Confederation Congress to Jacksonian America to the Progressive Conservation Era and into the modern era.
Antimonopoly policy led to widespread ownership of American land, perhaps America’s chief distinction from …
Chevron Deference Conflicts With The Administrative Procedure Act, Richard O. Faulk
Chevron Deference Conflicts With The Administrative Procedure Act, Richard O. Faulk
Richard Faulk
Although Chevron’s reasoning stresses the expertise of agencies as a basis for deference, the APA plainly delegates final interpretive authority to the courts. Since there is no statutory basis for superseding or diminishing the judicial role in the interpretive process, there is no justification for using deferential review to bypass the judiciary’s primary responsibility. It is time—indeed past time—for the Supreme Court to exercise its singular constitutional authority to declare “what the law is”—and to curb the increasingly intrusive and overreaching authority seized by the Executive Branch. The American people, from whom all authority is derived, are entitled to be …
Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart
Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart
Matthew Rimmer
Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina Warren
Gina Warren
No abstract provided.
Narrating Climate Change At The San Juan National Historic Site At The Community Level, Leslie Paul Walker Jr.
Narrating Climate Change At The San Juan National Historic Site At The Community Level, Leslie Paul Walker Jr.
USF Tampa Graduate Theses and Dissertations
While the National Park Service is charged with interpreting and preserving areas designated as park resources, they must also manage environmental issues such as erosion resulting from climate change. This research sets out to narrate how Palo Seco, Puerto Rico, a neighboring community of the San Juan National Historic Site, perceives similar environmental conditions and motivations for addressing these issues. My research sits at the intersection between the park’s charter and understanding community implications of environmental changes that affect local heritage. Using Authorized Heritage Discourse and environmental justice as theoretical frameworks, I suggest that the National Park Service should include …
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio
Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio
Law School Blogs
No abstract provided.
The Puppy Prohibition Period: The Constitutionality Of Chicago's War On Animal Mills, Christopher W. Moores
The Puppy Prohibition Period: The Constitutionality Of Chicago's War On Animal Mills, Christopher W. Moores
Christopher W Moores
No abstract provided.