Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (67)
- BLR (45)
- University of Missouri School of Law (33)
- St. Mary's University (22)
- William & Mary Law School (16)
-
- Duke Law (15)
- Villanova University Charles Widger School of Law (15)
- University of New Mexico (14)
- Pace University (13)
- UC Law SF (12)
- University of Colorado Law School (9)
- University of Richmond (9)
- University of Maryland Francis King Carey School of Law (8)
- Golden Gate University School of Law (7)
- Maurer School of Law: Indiana University (7)
- Selected Works (7)
- Schulich School of Law, Dalhousie University (6)
- University at Buffalo School of Law (6)
- SelectedWorks (5)
- University of Michigan Law School (5)
- Case Western Reserve University School of Law (4)
- Cornell University Law School (4)
- Roger Williams University (4)
- University of Florida Levin College of Law (4)
- Florida A&M University College of Law (3)
- Florida State University College of Law (3)
- Georgetown University Law Center (3)
- University of Georgia School of Law (3)
- University of Oklahoma College of Law (3)
- University of Washington School of Law (3)
- Keyword
-
- Environmental Law (59)
- Constitutional Law (17)
- St. Mary’s Law Journal (17)
- St. Mary’s University School of Law (17)
- Land Use Planning (16)
-
- Natural Resources Law (16)
- Administrative Law (15)
- International Law (15)
- Environmental law (14)
- Law and Economics (14)
- Property-Personal and Real (13)
- Climate change (11)
- Economics (11)
- Law and Society (11)
- General Law (10)
- Comparative and Foreign Law (9)
- EPA (9)
- Environment (8)
- Environmental aspects (8)
- Jurisprudence (8)
- Regulation (8)
- Cost-benefit analysis (7)
- Pollution (7)
- Public Law and Legal Theory (7)
- Commercial Law (6)
- Corporations (6)
- Eminent domain (6)
- Environmental policy (6)
- Housing Law (6)
- Jurisdiction (6)
- Publication
-
- Sustainable Development Law & Policy (66)
- ExpressO (45)
- Journal of Environmental and Sustainability Law (32)
- St. Mary's Law Journal (22)
- Villanova Environmental Law Journal (15)
-
- Duke Environmental Law & Policy Forum (13)
- Faculty Scholarship (13)
- Publications (13)
- William & Mary Environmental Law and Policy Review (12)
- Faculty Publications (11)
- UC Law Environmental Journal (11)
- Elisabeth Haub School of Law Faculty Publications (8)
- University of Richmond Law Review (6)
- Articles, Book Chapters, & Popular Press (5)
- Natural Resources Journal (5)
- All Faculty Scholarship (4)
- Articles by Maurer Faculty (4)
- Pace Environmental Law Review (4)
- Sea Grant Law Fellow Publications (4)
- UF Law Faculty Publications (4)
- Buffalo Environmental Law Journal (3)
- Cornell Law Faculty Publications (3)
- Journal Publications (3)
- Law Faculty Publications (3)
- Michigan Journal of International Law (3)
- Oklahoma Law Review (3)
- Scholarly Publications (3)
- University of Colorado Law Review (3)
- All Faculty Publications (2)
- Articles (2)
Articles 1 - 30 of 398
Full-Text Articles in Law
Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht
Law And Public Policy Support Lockyer's Suit Against Auto Manufacturers For Co2 Emissions, Clifford Rechtschaffen, Sean B. Hecht
Publications
Controversy has followed Attorney General Bill Lockyer’s decision earlier this fall to sue the six largest automakers, alleging that car emissions constitute a public nuisance because they contribute to global warming. Some even have dismissed the lawsuit as election year grandstanding. To the contrary, the Attorney General should be applauded for creatively using a venerable legal tool to protect California’s environment and to plug a gaping hole left by federal failures in this area.
The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer
Federal Communications Law Journal
In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …
The Reason Behind The Rules: The Archaeological Resources Protection Act Of 1979 And Scientific Study, Ryan M. Seidemann
The Reason Behind The Rules: The Archaeological Resources Protection Act Of 1979 And Scientific Study, Ryan M. Seidemann
ExpressO
What are the federal agencies’ powers under the Archaeological Resources Protection Act of 1979 (ARPA) to limit or control the scientific study of archaeological materials? The research for this article has led to an ultimate conclusion that ARPA does not provide federal agencies with the power to limit the scope of scientific study on covered archaeological materials. No provision of ARPA provides federal agencies with the authority to act as scientific dictators with ARPA-covered archaeological materials.
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
All Faculty Scholarship
How should agencies and legislatures evaluate possible policies to mitigate the impacts of earthquakes, floods, hurricanes and other natural hazards? In particular, should governmental bodies adopt the sorts of policy-analytic and risk assessment techniques that are widely used in the area of environmental hazards (chemical toxins and radiation)? Environmental hazards policy analysis regularly employs proxy tests, in particular tests of technological “feasibility,” rather than focusing on a policy’s impact on well-being. When human welfare does enter the analysis, particular aspects of well-being, such as health and safety, are often given priority over others. “Individual risk” tests and other features of …
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
San Diego International Law Journal
Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …
Policy Tools For Smart Growth In New England, New England Environmental Finance Center
Policy Tools For Smart Growth In New England, New England Environmental Finance Center
Smart Growth
Across New England communities have been experiencing a rapid outward surge of development away from our community and downtown centers. Effects of sprawl include a loss of wildlife habitat, farm and timber lands; increased costs of community services and higher taxes; auto-dependency, longer commutes, and increased congestion; increases in air and water pollution; a sedentary lifestyle and increased obesity; and losses to one’s sense of place and social ties.
State-level responses to sprawl have surfaced throughout New England in recent years. This report describes 11 examples of these responses, representing all six New England states and a diversity of recent …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler
Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler
Journal of Environmental and Sustainability Law
No abstract provided.
True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki
True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson
Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson
Journal of Environmental and Sustainability Law
No abstract provided.
Making The Waters A Little Murkier: Broadening The Endangered Species Act At The Expense Of The Clean Water Act. Defenders Of Wildlife V. United States Environmental Protection Agency , Erik G. Holland
Journal of Environmental and Sustainability Law
No abstract provided.
The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus
The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison
Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison
Journal of Environmental and Sustainability Law
No abstract provided.
The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich
The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Daubert And The Disappearing Jury Trial, Allan Kanner
Daubert And The Disappearing Jury Trial, Allan Kanner
ExpressO
Since being decided by the Supreme Court in 1993, Daubert v. Merrell Dow Pharmaceuticals has earned its place as one of the most misinterpreted and misapplied decisions in modern history. Meant to liberalize the standards for admissions of proof, the decision has had the opposite effect. The gatekeeper powers given to judges via Daubert, coupled with the internal and external incentives to prevent jury trials, has placed our entire civil justice system at risk.
Splitting Genes: The Future Of Gmo's In The Wake Of The Wto/Cartagena Standoff, Sam A. Blaustein
Splitting Genes: The Future Of Gmo's In The Wake Of The Wto/Cartagena Standoff, Sam A. Blaustein
ExpressO
This article examines the conflict surrounding GMO's (Genetically Modified Organisms) between the WTO and the UN. The respective positions of the United States and the European Union are discussed. The article argues that both international and domestic laws conflict with the rigid "precautionary principle" and straight to market approach adhered to by the European Union and the United States respectively. It ultimately suggests that common GMO specific laws are necessary for both sides to meet their respective goals and obligations.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Preserving The Chesapeake: Law, Ecology, And The Bay, Heather N. Stevenson, Noah M. Sachs, Rodney A. Smolla, Gerald L. Baliles, Gerald Mccarthy, Russell W. Baxter, Jonathan Z. Cannon, Erin Ryan, Richard Batiuk, L. Preston Bryant, Kathy R. Frahm, Joseph J. Tannery, David E. Evans, Mark Smith, Nikki Rovner, Timothy G. Hayes, Alexandra Dunn
Preserving The Chesapeake: Law, Ecology, And The Bay, Heather N. Stevenson, Noah M. Sachs, Rodney A. Smolla, Gerald L. Baliles, Gerald Mccarthy, Russell W. Baxter, Jonathan Z. Cannon, Erin Ryan, Richard Batiuk, L. Preston Bryant, Kathy R. Frahm, Joseph J. Tannery, David E. Evans, Mark Smith, Nikki Rovner, Timothy G. Hayes, Alexandra Dunn
University of Richmond Law Review Symposium
This event was co-sponsored by the Merhige Center for Environmental Studies, the Allen Chair of Law, the Virginia State Bar, and the Miller Center of Public Affairs.
The “Historical Background” session, held from 9:30 - 10:30 a.m., was presented by the Hon. Governor Gerald L. Baliles, Director of the Miller Center of Public Affairs and 65th Governor of the Commonwealth of Virginia; Gerald McCarthy, Executive Director of the Virginia Environmental Endowment; and Russell W. Baxter, Deputy Director of the Virginia Department of Conservation and Recreation. Rodney A. Smolla, Dean of the University of Richmond School of Law, served as moderator. …
Corporate Governance And Rational Energy Choices, Steven Ferrey
Corporate Governance And Rational Energy Choices, Steven Ferrey
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Forum 2006, Susan Kelly
State Authority In Siting Of Liquefied Natural Gas Import Terminals, Christopher M. Crane
State Authority In Siting Of Liquefied Natural Gas Import Terminals, Christopher M. Crane
Buffalo Environmental Law Journal
No abstract provided.
Animal Salvage: Cost-Effective Methods For The Preservation Of Marine Life, Jason Parent
Animal Salvage: Cost-Effective Methods For The Preservation Of Marine Life, Jason Parent
Buffalo Environmental Law Journal
No abstract provided.
Environmental Law News - Fall 2006
Environmental Law News - Fall 2006
Environmental Law and Justice Clinic
No abstract provided.
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner
Duke Environmental Law & Policy Forum
No abstract provided.
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
It’S Getting Hot In Here: The Sec’S Regulation Of Climate Change Shareholder Proposals Under The Ordinary Business Exception, Sung Ho (Danny) Choi
Duke Environmental Law & Policy Forum
No abstract provided.
World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer
World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer
Duke Environmental Law & Policy Forum
No abstract provided.
Texas Gulf Sulfur Revisited, Richard A. Booth
Texas Gulf Sulfur Revisited, Richard A. Booth
2006 - The Fall and Rise of Federal Corporation Law
No abstract provided.
Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Faculty Publications
No abstract provided.
National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells
National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells
William & Mary Environmental Law and Policy Review
No abstract provided.