Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Review Of Benjamin K. Sovacool And Michael H. Dworkin's Global Energy Justice: Problems, Principles, And Practices, Michael B. Gerrard
Review Of Benjamin K. Sovacool And Michael H. Dworkin's Global Energy Justice: Problems, Principles, And Practices, Michael B. Gerrard
Faculty Scholarship
Energy powers the world. Having enough energy is essential to maintaining even the most minimal quality of life. But extracting and using energy renders some places uninhabitable, and now threatens the ecological integrity of the planet.
Current energy systems involve profound injustices. These injustices can arise in the ways that energy is produced – including through local and global environmental degradation, human rights abuses, corruption, and social and military conflict. Injustice can also arise in the ways that energy is or is not available – with more than a billion people having far too little for a decent existence, while …
The Character Of The Governmental Action, Thomas W. Merrill
The Character Of The Governmental Action, Thomas W. Merrill
Faculty Scholarship
Penn Central Transportation Co. v. New York City holds a secure position in the architecture of the regulatory takings doctrine. That doctrine is at bottom a tool for distinguishing between different governmental powers; in particular, between the power of eminent domain and the police power. Because eminent domain requires that compensation be paid, whereas the police power does not, it is necessary to draw a line between these powers. Conceivably we could simply take the legislature at its word as to which power it is exercising. But at least since Pennsylvania Coal Co. v. Mahon, the Supreme Court has insisted …