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Full-Text Articles in Law
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Putting The Correct "Spin" On Lucas, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.
International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss
International Environmental Law: Contemporary Issues And The Emergence Of A New World Order, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
In 1972 international environmental law was a fledgling field with less than three dozen multilateral agreements. Today international environmental law is arguably setting the pace for cooperation in the international community in the development of international law. There are nearly nine hundred international legal instruments that are either primarily directed to international environmental issues or contain important provisions on them. This proliferation of legal instruments is likely to continue. Therefore, it is important to assess what we have done and explore where we are headed.
Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus
Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is to explore the distributional side of environmental protection and, more particularly, to explain the significance of including environmental justice concerns into the fashioning of environmental protection policy. Unlike earlier legal commentary, hazardous waste facility siting is not this Article's dominant focus. It offers a broader, more systemic, examination of environmental protection laws and policies. The Article is divided into three parts. First, it describes the nature of the problem. This includes a discussion of the varied distributional implications of environmental protection laws, as well as the ways in which racial minorities could receive too …