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Full-Text Articles in Law

Table Of Contents Nov 2015

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan Nov 2015

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold Nov 2015

Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold

Journal of Environmental and Sustainability Law

No abstract provided.


Title Page Nov 2015

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.


Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson Nov 2015

Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson

Journal of Environmental and Sustainability Law

No abstract provided.


Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner Nov 2015

Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner

Journal of Environmental and Sustainability Law

No abstract provided.


Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate Nov 2015

Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate

Journal of Environmental and Sustainability Law

No abstract provided.


Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson Nov 2015

Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson

Journal of Environmental and Sustainability Law

No abstract provided.


Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long Nov 2015

Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long

Journal of Environmental and Sustainability Law

No abstract provided.


What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin Nov 2015

What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin

Journal of Environmental and Sustainability Law

No abstract provided.


Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch Nov 2015

Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch

Journal of Environmental and Sustainability Law

No abstract provided.


Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield Nov 2015

Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield

Journal of Environmental and Sustainability Law

No abstract provided.


Title Page Nov 2015

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.


Editor's Perspective Nov 2015

Editor's Perspective

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents Nov 2015

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik Nov 2015

The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik

Journal of Environmental and Sustainability Law

No abstract provided.


A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady Nov 2015

A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady

Journal of Environmental and Sustainability Law

No abstract provided.


Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine Nov 2015

Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine

Journal of Environmental and Sustainability Law

No abstract provided.


Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson Nov 2015

Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson

Journal of Environmental and Sustainability Law

No abstract provided.


Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia Nov 2015

Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia

Journal of Environmental and Sustainability Law

No abstract provided.


The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith Nov 2015

The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith

Journal of Environmental and Sustainability Law

No abstract provided.


Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran Nov 2015

Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran

Journal of Environmental and Sustainability Law

No abstract provided.


Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver Nov 2015

Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver

Missouri Law Review

Grand jury determinations that officers would face no charges in the shooting death of Michael Brown or in the choking death of Eric Garner sparked controversy and riots. This is, of course, a challenge to the ability of the criminal justice system’s ability to resolve society’s most contentious issues. Highly contentious racial issues have long defied resolution through deliberative processes, even though the law strives to achieve outcomes that will be viewed as legitimate. Poorly defined rules of criminal procedure, however, have contributed to judicial resolutions that the public finds unsatisfactory. Our constitutional scheme for regulating police – which traces …


The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum, D. A. Telman Nov 2015

The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum, D. A. Telman

Missouri Law Review

This Article offers punishment as another lens through which to view police force. The Supreme Court has consistently rejected arguments that the Eighth Amendment is the appropriate vehicle for dealing with excessive police force claims.5 However, reconceptualizing the use of deadly force by police officers as punishment provides a new understanding of the gravity of deadly police force and adds necessary substance to the reasonableness analysis. When police force is likened to punishment, the use of fatal force by police officers can be considered the administration of the death penalty on the streets, absent the procedural protections and focus on …


Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri Nov 2015

Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri

Missouri Law Review

The history of St. Louis is replete with discriminatory housing laws, policies, and practices: racially restrictive covenants, redlining, blockbusting and white flight, and exclusionary zoning. While these were common in virtually every part of the United States, they were particularly egregious, widespread, and pervasive in industrial Midwestern cities like Chicago, Detroit, and St. Louis – which saw a large influx of blacks migrating from the south at the close of the nineteenth century. In fact, three of the most foundational housing cases originated in St. Louis. When we look closely at these cases – not just the legal principles that …


Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii Nov 2015

Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii

Missouri Law Review

The decisions of St. Louis County Prosecuting Attorney Robert McCulloch during the grand jury investigation of the shooting of Michael Brown by Officer Darren Wilson in Ferguson, Missouri, have been criticized on a variety of grounds. In an article written for a Missouri Law Review symposium on the shooting and its aftermath, titled “‘No, You Stand Up’: Why Prosecutors Should Stop Hiding Behind Grand Juries,” Professor Ben Trachtenberg takes Mr. McCulloch to task for allowing the grand jury to deliberate without making a recommendation about whether charges should be filed. Professor Trachtenberg asserts that, at the close of the evidentiary …


Lactation Intolerance: Trivializing The Struggles Of Working Mothers & The Need For A More Diverse Judiciary, Thomas H. Limbrick Nov 2015

Lactation Intolerance: Trivializing The Struggles Of Working Mothers & The Need For A More Diverse Judiciary, Thomas H. Limbrick

Missouri Law Review

Part II of this Note provides a brief background of the facts and the Eighth Circuit’s ultimate holding in Ames. Part III discusses the legal history of Title VII and legislative efforts to prohibit discrimination in the workplace. Part IV examines the Eighth Circuit’s reasoning. Finally, Part V comments on the supposed limited use of summary judgment in employment discrimination cases, the reasonableness of Ames’s actions, the effect of stereotypes in employment discrimination, the role that the identity of the judiciary plays in discrimination cases, and how this case could have been prevented by appropriate human resource (“HR”) management practices. …


Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue Nov 2015

Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue

Missouri Law Review

This Note explores the differences between the American legal system’s sentencing procedures for murder with the procedures of England and Wales. This Note attempts to determine how this divide occurred and whether the two countries chose the appropriate way to sentence their murderers. In particular, this Note focuses on England’s and Wales’s lack of degrees of murder and the United States’ practice of plea bargaining. Part II discusses the history of American and English criminal law and how these countries similarly evolved from their origins to the late nineteenth century. Part III explores modern criminal law theory progressing from the …


Exploring The Administrative State, Erin Morrow Hawley Nov 2015

Exploring The Administrative State, Erin Morrow Hawley

Missouri Law Review

The administrative state today “wields vast power and touches almost every aspect of daily life.” There’s no question that the Founders would have been surprised by the current administrative state. By and large, however, both the academy and Article III judges are either reluctant or enthusiastic devotees of the administrative state. A variety of arguments have been put forward to situate the Fourth Branch within the constitutional fabric, from constitutional moments, to the Supreme Court’s pragmatic recognition that, given government as we know it, “Congress simply cannot do its job absent an ability to delegate power under broad general directives.” …


Masthead Nov 2015

Masthead

Missouri Law Review

No abstract provided.