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Full-Text Articles in Law

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power Jul 2010

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …


North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron Mar 2010

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.


Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson Dec 2009

Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson

John C. Dernbach

This article explains why states and localities need to be full partners in a national climate change effort based on federal legislation or the existing Clean Air Act. A large share of reductions with the lowest cost and the greatest co-benefits (e.g., job creation, technology development, reduction of other pollutants) are in areas that a federal cap-and-trade program or other purely federal measures will not easily reach. These are also areas where the states have traditionally exercised their powers—including land use, building construction, transportation, and recycling. The economic recovery and expansion will require direct state and local management of climate …


A Journey With A Clear Destination: Environmental Health Research, R. Konkel, David Evans, M. Mulcahy Dec 2009

A Journey With A Clear Destination: Environmental Health Research, R. Konkel, David Evans, M. Mulcahy

Steve Konkel

Research is vital if we are to improve the health of the population on the island of Ireland and provide better qualtiy and access to services. Yet all too often, research can be a neglected and overlooked component of evironmental health.


Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union, Sanja Bogojević Dec 2009

Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union, Sanja Bogojević

Sanja Bogojević

No abstract provided.


Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell Dec 2009

Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell

Matthew Axtell

No abstract provided.


Decentralizing Cap-And-Trade? State Controls Within A Federal Greenhouse Gas Cap-And-Trade Program, Alice Kaswan Dec 2009

Decentralizing Cap-And-Trade? State Controls Within A Federal Greenhouse Gas Cap-And-Trade Program, Alice Kaswan

Alice Kaswan

Cap-and-trade programs for greenhouse gases (GHGs) present central political questions with significant economic and environmental ramifications. This paper addresses a critical structural issue: To what extent should states retain the capacity to develop stricter parameters within a federal cap-and-trade program? This Article argues that, within the confines of a federal trading program, states should retain substantial autonomy to establish their own direct regulatory requirements, impose their own offset policies, and adopt differing trading parameters to maximize a GHG trading program’s co-pollutant and other benefits. State autonomy is justified by benefits to the nation as a whole, since states can provide …