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Full-Text Articles in Law
Specialization Trend: Water Courts, Vanessa Casado-Pérez
Specialization Trend: Water Courts, Vanessa Casado-Pérez
Faculty Scholarship
Definition of property rights is not useful unless there is an enforcement system, either public or private, that backs it up. While the definition of property rights as a solution to the tragedy of the commons has been carefully analyzed in the literature, the enforcement piece has been somewhat overlooked. Water is becoming scarcer and conflict is rising. As a result, the need for an efficient and fair enforcement system is more necessary than ever due to climate change.
Given the complexity of water law and the backlog in the judicial system, introducing specialization in the resolution of water cases …
International Law And Transboundary Aquifers, Gabriel Eckstein
International Law And Transboundary Aquifers, Gabriel Eckstein
Faculty Scholarship
Although international law applicable to transboundary aquifers is still in an early stage of development, ground water resources on nation’s frontiers are now garnering growing international attention. This article examines the chief formal and informal mechanisms that have been proposed or implemented for the assessment, use, allocation, and protection of transboundary aquifers and identifies the legal trends and priorities emerging from these instruments. It also considers gaps and shortcomings in the emerging administrative regime and offers recommendations for the further development of the law.
The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein
The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein
Faculty Scholarship
International water agreements are often used as mechanisms for fostering and institutionalizing political cooperation. Yet, since water resources in many places are being driven to the edge of their natural limits, a number of international organizations have formulated legal principles and norms aimed at helping states resolve water disputes. While states have been urged to adopt these principles, it seems that they often embrace other less-traditional alternatives that may better address their own political needs. The aim of this study is to examine why states fail or decline to adopt several of the general principles of customary law formulated by …
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Faculty Scholarship
This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.
This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …
Global Climate Change Offers Hot Career Opportunities, Michael B. Gerrard
Global Climate Change Offers Hot Career Opportunities, Michael B. Gerrard
Faculty Scholarship
Michael Gerrard, editor of Global Climate Change and U.S. Law, is passionate about global warming and the role lawyers can play in improving the environment. Student Lawyer's Donna Gerson talks to Gerrard about his career path and how law students can make a difference combating climate change.
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
Faculty Scholarship
Walker v. United States, 69 Fed. Cl. 222, (Fed. Cl. 2005) (granting motion for reconsideration upon finding that water, access and forage rights were legally distinct from surface estate rights determined in a prior action).