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Full-Text Articles in Law

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson Jan 2012

Cooperative Federalism And Hydraulic Fracturing: A Human Right To A Clean Environment, Elizabeth Burleson

Cornell Journal of Law and Public Policy

This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and implement the requisite safeguards before further natural gas development advances. Hydraulic fracturing provisions are strikingly fragmented and have sparked a fierce debate about chemical disclosure, radioactive wastewater disposal, and greenhouse gas emissions. United States natural gas production may stunt the direction and intensity of renewable energy by up to two decades and will not provide a …


Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky Jan 2012

Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky

Cornell Journal of Law and Public Policy

No abstract provided.


Sino-Japanese Cooperation In The East China Sea: A Lasting Arrangement, Alexander M. Peterson Oct 2009

Sino-Japanese Cooperation In The East China Sea: A Lasting Arrangement, Alexander M. Peterson

Cornell International Law Journal

No abstract provided.


The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly Jan 2005

The Seduction Of The Appellate Body: Shrimp/Sea Turtle I And Ii And The Proper Role Of States In Wto Governance, J. Patrick Kelly

Cornell International Law Journal

The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO's Appellate Body ("AB") utilized an "evolutionary" methodology to interpret the conservation of "exhaustible natural resources" exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ("PPMs") in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other …


Free Market Environmentalism: Hindsight And Foresight, Terry L. Anderson, Donald R. Leal Oct 1998

Free Market Environmentalism: Hindsight And Foresight, Terry L. Anderson, Donald R. Leal

Cornell Journal of Law and Public Policy

No abstract provided.


Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon Apr 1998

Think Globally, (En)Act Locally: Promoting Effective National Environmental Regulatory Infrastructures In Developing Nations, Edward D. Mccutcheon

Cornell International Law Journal

No abstract provided.


Trade And The Environment: Charting A New Course, John F. Kerry Jul 1994

Trade And The Environment: Charting A New Course, John F. Kerry

Cornell International Law Journal

No abstract provided.


Searching For Gatt’S Environmental Miranda: Are Process Standards Getting Due Process, William J. Snape Iii, Naomi B. Lefkovitz Jul 1994

Searching For Gatt’S Environmental Miranda: Are Process Standards Getting Due Process, William J. Snape Iii, Naomi B. Lefkovitz

Cornell International Law Journal

No abstract provided.


Resolving Trade-Environment Conflicts: The Case For Trading Institutions, Jeffrey L. Dunoff Jul 1994

Resolving Trade-Environment Conflicts: The Case For Trading Institutions, Jeffrey L. Dunoff

Cornell International Law Journal

No abstract provided.


Free Trade, Fair Trade, Green Trade: Defogging The Debate, Steve Charnovitz Jul 1994

Free Trade, Fair Trade, Green Trade: Defogging The Debate, Steve Charnovitz

Cornell International Law Journal

No abstract provided.


Testing The System: Gatt + Ppp = ?, Charles S. Pearson Jul 1994

Testing The System: Gatt + Ppp = ?, Charles S. Pearson

Cornell International Law Journal

No abstract provided.


Product Standards To Protect The Local Environment—The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barcelo Iii Jul 1994

Product Standards To Protect The Local Environment—The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barcelo Iii

Cornell International Law Journal

No abstract provided.


Trade And Environment: Some North-South Considerations, Scott Vaughan Jul 1994

Trade And Environment: Some North-South Considerations, Scott Vaughan

Cornell International Law Journal

No abstract provided.


Environmental Critique Of Adverse Possession , John G. Sprankling May 1994

Environmental Critique Of Adverse Possession , John G. Sprankling

Cornell Law Review

No abstract provided.


What’S Fairness Got To Do With It? Environmental Justice And The Siting Of Locally Undesirable Land Uses , Vicki Been Sep 1993

What’S Fairness Got To Do With It? Environmental Justice And The Siting Of Locally Undesirable Land Uses , Vicki Been

Cornell Law Review

No abstract provided.


Discretionary Function Exception And The Failure To Warn Of Environmental Hazards: Taking The Protection Out Of The Environmental Protection Agency , Jamon A. Jarvis Mar 1993

Discretionary Function Exception And The Failure To Warn Of Environmental Hazards: Taking The Protection Out Of The Environmental Protection Agency , Jamon A. Jarvis

Cornell Law Review

No abstract provided.


The Multilateral Fund Of The Montreal Protocol: A Prototype For Financial Mechanisms In Protecting The Global Environment, Jason M. Patlis Jan 1992

The Multilateral Fund Of The Montreal Protocol: A Prototype For Financial Mechanisms In Protecting The Global Environment, Jason M. Patlis

Cornell International Law Journal

No abstract provided.


Promoting International Environmental Protections Through Foreign Debt Exchange Transactions, David Barrans Jan 1991

Promoting International Environmental Protections Through Foreign Debt Exchange Transactions, David Barrans

Cornell International Law Journal

No abstract provided.


Clearing Muddy Waters: Anatomy Of The Comprehensive General Liability Pollution Exclusion , Nancer Ballard, Peter M. Manus Mar 1990

Clearing Muddy Waters: Anatomy Of The Comprehensive General Liability Pollution Exclusion , Nancer Ballard, Peter M. Manus

Cornell Law Review

No abstract provided.


Statute Of Limitations For Citizens Suits Under The Clean Water Act , Carie Goodman Mckinney Nov 1986

Statute Of Limitations For Citizens Suits Under The Clean Water Act , Carie Goodman Mckinney

Cornell Law Review

No abstract provided.