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Full-Text Articles in Law
Farming The Ocean, Ann Powers
Farming The Ocean, Ann Powers
Elisabeth Haub School of Law Faculty Publications
Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our foods …
"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson
"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Professor Robinson explores some of the evident, and also some of the less apparent legal implications that can be drawn from recognizing the implicit “land ethic” that resides within the “forever wild” conception of the Forest Preserve in New York’s Constitution. It is his thesis that the executive branch of State government, our Governors and most of our other State and local authorities, have observed the mandates of Article XIV most shallowly. They have ignored their stewardship duties to promote “forever wild forest lands.” Civic groups, and courts should not only concern themselves with the task of keeping government from …
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Welcome (Symposium On Framework Laws--The Key To Sustainable Development In The Americas), Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This is a subject of deep interest to our law school. We have established one of the top environmental studies centers in the United States. In addition, we operate a nationally recognized energy law project, land use law center and international commercial law institute. Our interest is global and broad, focusing on the legal issues involved both in resource use and conservation and on applications at the local, national and international level. We take this broad approach for a simple reason: it is the approach that our graduates will have to take as they practice law in the global market …