Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Water Law (2)
- Administrative Law (1)
- Banking and Finance (1)
- Bottled water (1)
- Commerce clause (1)
-
- Constitutional Law (1)
- Cost-benefit analysis (1)
- Cultural norms (1)
- Deregulation (1)
- Dormant commerce clause (1)
- Economic recession (1)
- Economics (1)
- Environmental deficit (1)
- Food and Drug Law (1)
- Jurisprudence (1)
- Land Use Planning (1)
- Law and Economics (1)
- Law and Society (1)
- Law and cultural (1)
- Law and society (1)
- Public Law and Legal Theory (1)
- Risk (1)
- Sporhause (1)
- Sustainability (1)
- United Haulers (1)
- Water (1)
- Water export (1)
- Water law (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine Klein
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine Klein
Christine A. Klein
Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states, while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska. Determining that groundwater is an article of commerce, the Court held invalid under the dormant commerce clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas challenged Oklahoma legislation limiting water exports, and as Wind River LLC of Nevada contested the denial of …
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine Klein
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine Klein
Christine A. Klein
In 2007, the nation entered a financial downturn unprecedented since the Great Depression of the 1930s. A period of national introspection followed, including memorable moments such as Federal Chairman Alan Greenspan’s gut-wrenching admission that his “whole intellectual edifice” had collapsed during the summer of 2007. Although prescriptions for financial rescue varied widely in the details, a surprisingly-broad consensus began to emerge as to the underlying pathology of the crisis. This Essay focuses on three underlying errors: rejecting rules through deregulation, trivializing risk through overly-optimistic analyses, and recklessly borrowing and lending money. Those powerful lessons, accepted by a stunned nation in …
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Christine A. Klein
As a metaphor for the interaction of law and culture, a crystal-clear bottle of water is striking in its simplicity and purity. Bottled water has spawned a rich subculture of beverage drinkers, united by the truths and myths of bottled water that they embrace. More recently, an equally fertile subculture of bottled water protest has begun to coalesce. Notably, the cultural norms evidenced by supporters and detractors go far beyond mere hydration, touching upon such far-flung notions as health, taste, convenience, status, morality, truth-telling, and anti-privatization. In contrast, the legal narrative is surprisingly sparse, overlooking an important opportunity to engage …