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Full-Text Articles in Law
Too Close For Comfort: Protecting Agriculture In An Urban Age, Maggie Gibson
Too Close For Comfort: Protecting Agriculture In An Urban Age, Maggie Gibson
Missouri Law Review
Part II of this Note introduces issues in Labrayere v. Bohr Farms, the instant case that upheld agricultural protections against nuisance damages. Part III of this Note presents some of the historical trends that led to the court’s decision in Labrayere. It also examines Missouri’s closely related Right to Farm constitutional amendment. Finally, in Part IV, the court’s reasoning is dissected and future implications of the decision are considered.
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Missouri Law Review
This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest,1 and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of transnational law that (i) views the state as disaggregated, rather than unitary, (ii) focuses on informal legal mechanisms that do not have authoritative status and (iii) directs attention towards law’s facilitative functions and away from law’s binding force. This special issue’s theme …
Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker
Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker
Journal of Dispute Resolution
This article examines the role of media and conflict framing in four major turning points of an environmental controversy. In particular, it focuses on the media's role in defining the dispute and altering the naming and blaming among constituents during these turning points. It also examines how these changes relate to escalation and de-escalation of the conflict.
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Faculty Publications
This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Faculty Publications
The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.