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Full-Text Articles in Law

Public Laws And Private Lawmakers, Kimberly L. Wehle Jan 2016

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other ...


The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel Jan 2015

The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel

All Faculty Scholarship

International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.


American Legal History Survey: Syllabus, Anders Walker Jan 2012

American Legal History Survey: Syllabus, Anders Walker

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This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.


Nascar Green: The Problem Of Sustainability In Corporations And Corporate Law, Matthew T. Bodie Jan 2011

Nascar Green: The Problem Of Sustainability In Corporations And Corporate Law, Matthew T. Bodie

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The concept of "sustainability" is, at root, about a commitment to considering the future of the planet in our everyday affairs. In the corporate law context, supporters of sustainability seek to integrate these long-term environmental and social concerns into the corporation's DNA. This article seeks to explore sustainability as a corporate law concept by looking at the sustainability efforts of NASCAR and its affiliated firms. NASCAR has undertaken a series of "green" initiatives, most notably in the promotion of alternative fuels. These sustainability efforts are facilitated, in part, by the unusual structure of NASCAR and the sport of stock-car ...


Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison Jan 2010

Epa's Definition Of "Solid Waste" Under Subtitle C Of The Resource Conservation And Recovery Act: Is Epa Adequately Protecting Human Health And The Environment While Promoting Recycling?, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Planning For A Bull Market For Wetlands, Fred P. Bosselman Feb 2009

Planning For A Bull Market For Wetlands, Fred P. Bosselman

All Faculty Scholarship

Until recently, wetlands had value in the marketplace only as targets for destruction. Today, wetlands often have market value for uses that do not require that they be dredged and filled. Such opportunities include: 1. Carbon storage offsets for greenhouse gas emissions; 2. Mitigation banks for destruction of other wetlands; 3. Conservation banks for wildlife protection; 4. Tradable water quality protection rights; 5. Sites for growing algae or other biofuel crops. These new uses have valid public benefits, but most laws and ordinances were not written with these possibilities in mind. Planners and lawyers need to think about ways to ...


Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman Jan 2009

Swamp Swaps: The "Second Nature" Of Wetlands, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison Jan 2009

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman Jan 2008

Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock Aug 2007

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

All Faculty Scholarship

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.


Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison Jan 2006

Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock Mar 2005

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock

All Faculty Scholarship

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the ...


Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison Oct 2004

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock Mar 2004

A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


A Dozen Biodiversity Puzzles, Fred P. Bosselman Jan 2004

A Dozen Biodiversity Puzzles, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Ecological Science For Lawyers: A Book Review, Fred P. Bosselman Jan 2004

Ecological Science For Lawyers: A Book Review, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison Apr 2003

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock Mar 2003

Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison Jan 2003

Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman Feb 2002

What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Mar 2001

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Mar 2001

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock Mar 1999

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Governmental Liability Under Cercla, Steven A.G. Davison Oct 1997

Governmental Liability Under Cercla, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock Mar 1997

Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock Mar 1997

The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr. Mar 1997

Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman Jan 1997

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Environmental Law: Ethics Or Science, A. Dan Tarlock Mar 1996

Environmental Law: Ethics Or Science, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock Mar 1996

Federalism Without Preemption: A Case Study In Bioregionalism, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.