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Frostpaw Addresses Global Warming, William Snape
Frostpaw Addresses Global Warming, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Climate change impacts the law on many levels and in many ways. This Article asks a threshold question: what legal structures will most effectively reduce growing levels of anthropogenic greenhouse pollution? The answer is that an existing U.S. statute-the Clean Air Act-not only possesses clear commands to ratchet down greenhouse pollutants domestically, but also provides explicit authority to negotiate concomitant air pollution reduction with countries around the planet in a fair, transparent, and reciprocal fashion. Further, application of the Clean Air Act is consistent with other legal and policy tools to address global warming. This statute-based solution, while facially …
Human Rights Implications For The Climate Negotiations, David Hunter
Human Rights Implications For The Climate Negotiations, David Hunter
Articles in Law Reviews & Other Academic Journals
Symposium: The Confluence of Human Rights and the EnvironmentINTRODUCTION: According to John Holdren, the Science Advisor to President Obama, humanity can only respond to climate change in three ways. We can mitigate climate change, for example by reducing greenhouse gas emissions; we can adapt to climate change, for example by defending our coastlines; or we can suffer from climate change. Given current emission levels and projected climate change impacts, we are inevitably going to do some of all three. A human rights approach, the subject of this Article, puts the focus on those who will suffer from climate change, in …
Restitution In Public Concern Cases, Candace Kovacic-Fleischer
Restitution In Public Concern Cases, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In …
Toward Global Citizenship In International Environmental Law, David Hunter
Toward Global Citizenship In International Environmental Law, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.