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Articles 1 - 24 of 24
Full-Text Articles in Law
‘Rounding Up’ Roundup: One Last Hope For Glyphosate Regulation, Gabrielle Argimón-Cartaya
‘Rounding Up’ Roundup: One Last Hope For Glyphosate Regulation, Gabrielle Argimón-Cartaya
University of Miami Law Review
Since 1974, Bayer’s Roundup remains the world’s most popular herbicide and pervades United States farmland and food production. However, in 2015, Roundup landed centerstage in an international and presently unsettled debate over whether its active ingredient, glyphosate, causes cancer. Environmental groups regularly call for the de-registration of glyphosate due to the plethora of ailments, ecological harm, and weed resistance resulting from glyphosate use. Dissenting experts, however, believe that strict bans would devastate agriculture because of global dependence and the lack of any popular alternatives. Faced with mounting litigation, silence from the highest court, and unreliable regulators, Bayer continues to effect …
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Dalhousie Law Journal
Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on …
When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act, Ian M. Staeheli
When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act, Ian M. Staeheli
Washington Law Review
The U.S. government is one of the largest polluters on the planet. With over 700 domestic military bases and countless more federal facilities and vessels operating within state borders, there exists an enormous potential for spills and discharges of pollutants into state waters. The regulatory burden for enforcing environmental laws against the federal government falls on the Environmental Protection Agency and state regulators. But enforcing laws and regulations against the federal government and its progeny is a daunting regulatory task.
Other scholarship addresses some of the vexing peculiarities involved when regulating Uncle Sam. Those works discuss the “confusing mess” that …
State Ballot Initiatives And Federal Preemption: How Colorado Voters Have Changed Cooperative Federalism In Wildlife Management, Lucas O'Brien
State Ballot Initiatives And Federal Preemption: How Colorado Voters Have Changed Cooperative Federalism In Wildlife Management, Lucas O'Brien
Natural Resources Journal
In United States wildlife management, there is a notion that the federal government manages land while states manage wildlife. While it is true that states have historically held authority over wildlife, federal agencies often also have the authority, and often an obligation, to manage and conserve wildlife. This overlapping jurisdiction has led to the frequent preemption of state wildlife laws and management tactics by federal statutes or objectives, eroding state authority in this area over the past century. In the 2020 election, Colorado voters passed Proposition 114, a state ballot initiative that requires Colorado Parks and Wildlife to reintroduce wolves …
Faultlines Of Federation: Australia's Intergovernmental Cooperation And Human Rights During The Pandemic, Guzyal Hill, John Garrick, Nat Barton
Faultlines Of Federation: Australia's Intergovernmental Cooperation And Human Rights During The Pandemic, Guzyal Hill, John Garrick, Nat Barton
Florida State University Journal of Transnational Law & Policy
The COVID-19 pandemic has challenged previously understood boundaries between jurisdictions and the balance of power between national, state and territory governments in Australia. The crisis served as a catalyst for long called for-yet unexpected-reform of the peak intergovernmental body, the Council of Australian Governments ('COAG') which was replaced by the National Cabinet to ensure coordinated intergovernmental responses. This article examines whether the new National Cabinet has emerged as an effective institution of intergovernmental cooperation in Australia's federalist structure. Is it capable of protecting human rights? Three main areas of rights protection were examined including health, work and rights of residents …
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey
Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey
San Diego Journal of Climate & Energy Law
Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.
The Emergence Of Natural Gas And The Need For Cooperative Federalism To Address A Big "Fracking" Problem., Joshua P. Dennis
The Emergence Of Natural Gas And The Need For Cooperative Federalism To Address A Big "Fracking" Problem., Joshua P. Dennis
San Diego Journal of Climate & Energy Law
This Comment explores the recent emergence of natural gas production, the hydraulic fracturing process and briefly touches on the current regulatory system that oversees its operation. I then explain why the current regulatory system is insufficient to protect individuals and the environment from hydraulic fracturing. And lastly, I argue that a form of cooperative federalism is the best approach to regulate hydraulic fracturing.
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Indiana Law Journal
Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …
Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb
Journal of Health Care Law and Policy
No abstract provided.
Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Pelman Ostrow
Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Pelman Ostrow
Hofstra Law Review
This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the Telecommunication Siting Policy. Part II describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure.
Part III assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been active …
Blanco V. Burton: Louisiana's Struggle For Cooperative Federalism In Offshore Energy Development, Patrick B. Sanders
Blanco V. Burton: Louisiana's Struggle For Cooperative Federalism In Offshore Energy Development, Patrick B. Sanders
Louisiana Law Review
No abstract provided.
Looking Glass Law: Legislation By Reference In The States, F. Scott Boyd
Looking Glass Law: Legislation By Reference In The States, F. Scott Boyd
Louisiana Law Review
No abstract provided.
The Significance Of The Local In Immigration Regulation, Cristina M. Rodríguez
The Significance Of The Local In Immigration Regulation, Cristina M. Rodríguez
Michigan Law Review
The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive responsibility of the federal government. Because of the persistence of this assumption, assessments of this important trend have failed to explain why state and local measures are arising in large numbers, and why the regulatory uniformity both sides claim to seek is neither achievable nor desirable. I argue that the time has come …
States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood
States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood
Oklahoma Law Review
No abstract provided.
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
University of Colorado Law Review
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …
This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson
This Dog Has Teeth... Cooperative Federalism And Environmental Law, Scott Josephson
Villanova Environmental Law Journal
No abstract provided.
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
Cooperative Conservation: The Federalism Underpinnings To Public Involvement In The Management Of Public Lands, Robert D. Comer
University of Colorado Law Review
No abstract provided.
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Harmon V. Browner: A Flawed Interpretation Of Epa Overfiling Authority, Wendy R. Zeft
Villanova Environmental Law Journal
No abstract provided.
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
West Virginia Law Review
No abstract provided.
The Brownfields Action Agenda: A Model For Future Federal/State Cooperation In The Quest For Environmental Justice, Stephen M. Johnson
The Brownfields Action Agenda: A Model For Future Federal/State Cooperation In The Quest For Environmental Justice, Stephen M. Johnson
Santa Clara Law Review
No abstract provided.
Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach
University of Michigan Journal of Law Reform
This Article first explains the background against which Pennsylvania's implementation of SMCRA has occurred. Coal mining has had a serious and continuing effect on the State's environment, as Part I explains. In response to these effects, Pennsylvania began to regulate coal mining many decades ago. This regulatory development reached a milestone when the State achieved primacy under SMCRA in 1982.
Part II suggests that the new program in Pennsylvania has been responsible for substantial reductions in adverse environmental effects from surface coal mining, particularly less erosion and sedimentation, less acid mine drainage, and more backfilling. In addition, Part II explains …
Separating Myth From Reality In Federalism Decisions: A Perspective Of American Federalism--Past And Present, Robert C. Brighton, Jr.
Separating Myth From Reality In Federalism Decisions: A Perspective Of American Federalism--Past And Present, Robert C. Brighton, Jr.
Vanderbilt Law Review
This Note reviews the history of American federalism with particular emphasis on a comparison of the reality of the birth of American federalism with the myth that shrouds that event. The interplay of the several levels of American government in the federal system has been called "cooperative federalism." The Note describes cooperative federalism as a process and criticizes the use of federalism as a rationale for the implementation of policy decisions.' The Note next considers the Supreme Court's current analysis of federalism issues that have arisen when Congress has exercised its powers under the commerce clause and identifies the contradictions …
Suing State Welfare Officials For Damages In Federal Court: The Eleventh Amendment And Qualified Immunity, Marie Janiewski
Suing State Welfare Officials For Damages In Federal Court: The Eleventh Amendment And Qualified Immunity, Marie Janiewski
Florida State University Law Review
No abstract provided.