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Full-Text Articles in Law
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
El Surgimiento Del Derecho Ambiental Global, Robert V. Percival
Robert Percival
Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
Robert Percival
Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance. The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …
The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival
The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival
Robert Percival
With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers …
Delaware Energy Plan: 2009‐2014, David R. Hodas
Waste Not, Want Not: Economic And Legal Challenges Of Regulation-Induced Innovation In Waste Technology And Management, Molly Macauley
Waste Not, Want Not: Economic And Legal Challenges Of Regulation-Induced Innovation In Waste Technology And Management, Molly Macauley
Molly Macauley
Regulation to protect public health and the environment has transformed the “town dump” into large, regional state-of-the art waste disposal facilities managed by a nationwide industry with revenues of over $40 billion annually. Responsibility for waste regulation rests with state and local authorities, however, and their intervention in price, quantity, and location attributes of the market has prompted legal challenges under the dormant commerce clause. This article reviews the regulation-induced changes in the market, its subnational governmental oversight, and protection of interstate commerce when new technology restructures a local service into a national business.
Deciphering The Chemical Soup: Using Public Nuisance To Compel Chemical Testing, Albert C. Lin
Deciphering The Chemical Soup: Using Public Nuisance To Compel Chemical Testing, Albert C. Lin
Albert C Lin
The problem of toxic ignorance plagues modern society. On a daily basis, each of us is exposed to hundreds of chemicals, the vast majority of which have been subject to little or no testing to determine whether they are toxic to humans or the environment. Many of these chemicals may turn out to be harmless. Some, however, may cause cancer, reproductive defects, and other harms. In toto, chemicals are believed to be responsible for tens of thousands of deaths per year. The systematic failure of manufacturers and distributors to test chemical substances is a rational response to marketplace incentives, tort …
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
Climate Change Law: Mitigation And Adaptation, Richard Hildreth, David Hodas, Nicholas Robinson, James Speth
David R. Hodas
No abstract provided.
The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber
The Oceans In The Nuclear Age: Challenges, Questions And Possibilities, David D. Caron, Harry N. Scheiber
David D. Caron
No abstract provided.
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Is Nafta A Good Model For China?: Lessons From Mexico And The United States, Carmen G. Gonzalez
Carmen G. Gonzalez
In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …
Is Nafta A Good Model For China? Lessons From Mexico And The United States, Carmen G. Gonzalez
Is Nafta A Good Model For China? Lessons From Mexico And The United States, Carmen G. Gonzalez
Carmen G. Gonzalez
In response to skyrocketing food prices, the global financial crisis, and the degradation of farm lands due to urbanization and industrialization, China has placed rural development at the top of its political agenda. China’s renewed emphasis on rural development is taking place against a backdrop of global efforts to reduce trade barriers in the agricultural sector. This article uses the North American Free Trade Agreement (NAFTA) as a case study on the complex ways that trade policy affects domestic efforts to protect the environment and promote rural development. The objective is to draw lessons from the experiences of the United …