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2014

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Articles 4711 - 4740 of 17869

Full-Text Articles in Law

Table Of Contents Sep 2014

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.


Masthead & Front Matter Sep 2014

Masthead & Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

Masthead & Front Matter


Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Sep 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Washington and Lee Journal of Energy, Climate, and the Environment

In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …


Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris Sep 2014

Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris

Washington and Lee Journal of Energy, Climate, and the Environment

Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …


The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis Sep 2014

The Imos Climate Change Challenge: Application Of The Principle Of Common But Differentiated Responsibilities And Respective Capabilities, Stathis N. Palassis

Washington and Lee Journal of Energy, Climate, and the Environment

Since 1997 the International Maritime Organization, the United Nations agency responsible for the regulation of the international shipping sector, has been developing rules for the reduction of the sector’s greenhouse gas emissions. Significant difficulties have, however, emerged in the creation of appropriate economic instruments for reducing its greenhouse gas emissions, bringing to the forefront the application of the principle of common but differentiated responsibilities and respective capabilities (“CBBDRC”). A key principle within international climate change law, CBDDRC allows developing States, least developed States and the most environmentally vulnerable to be differentially treated based on their special situation and needs. Developing …


Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale Sep 2014

Ferc Anti-Manipulation Enforcement And The Barclays Proceeding: What Factors Should Regulated Entities Consider Before Deciding To Follow Barclays' Path To Federal Court?, Matthew Hale

Washington and Lee Journal of Energy, Climate, and the Environment

Energy regulation is not a new topic, but after the Enron scandal, Congress made significant changes. The changes were embodied in the Energy Policy Act of 2005. One major change was to FERC's ability to hand down penalties for market manipulation. Recently, FERC has been aggressively enforcing its power and anticipates anti-manipulation enforcement will be a point of emphasis in the future. The first entity to challenge FERC's power in federal court is Barclays. The Barclays case, other recent enforcement actions, and the regulations FERC has promulgated provide a guide to regulated entities about how and when they should challenge …


Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary Sep 2014

Water You Waiting For? Balancing Private Rights And Public Necessity In The South Atlantic Wetlands, Alison Leary

Washington and Lee Journal of Energy, Climate, and the Environment

A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal communities will be left without a buffer against flooding, storm damage, and sea level rise. In addition to putting the public at large in physical danger, significant environmental justice concerns accompany the failure to protect coastal wetlands. In order to protect these ever-diminishing resources, federal and state law makers have enacted regulatory …


Fracking Preemption Litigation, James K. Pickle Sep 2014

Fracking Preemption Litigation, James K. Pickle

Washington and Lee Journal of Energy, Climate, and the Environment

Fracking is not a new technology, but it only recently came to the forefront of energy industry news. Fracking’s recent fame has been both positive and negative. Fracking proponents have lauded the economic and environmental benefits of the process. They cite the process’ ability to extract formerly inaccessible oil and natural gas, which reduces the U.S.’s demand for foreign oil and natural gas and reduces the use of coal. In contrast, fracking opponents state fracking damages the environment by diluting drinking water with harmful chemicals, generating emissions, and creating general nuisances for communities. They believe fracking’s harmful impacts clearly outweigh …


Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong Sep 2014

Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …


Masthead And Front Matter Sep 2014

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Sep 2014

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Sep 2014

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Introduction, Joan M. Shaughnessy Sep 2014

Introduction, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy Sep 2014

An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver Sep 2014

Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Sacra Of Lgbt Childhood, Kim Hai Pearson Sep 2014

The Sacra Of Lgbt Childhood, Kim Hai Pearson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong Sep 2014

Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Gender And Sexual Orientation In The Family: Implications For The Child Welfare System, Megan Fulcher Sep 2014

Gender And Sexual Orientation In The Family: Implications For The Child Welfare System, Megan Fulcher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case Sep 2014

Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ftc V. Actavis: Analysis Of The Court’S Decision And How It Affects Drug Prices For Those Who Need Them The Most, Kyle Virtue Sep 2014

Ftc V. Actavis: Analysis Of The Court’S Decision And How It Affects Drug Prices For Those Who Need Them The Most, Kyle Virtue

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil Sep 2014

“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal Sep 2014

The State Response To Climate Change: 50 State Survey, Laura Jensen, Kelly Nishikawa, Benjamin Lowenthal

Elisabeth Haub School of Law Faculty Publications

This survey accompanies Global Climate Change and U.S. Law, Second Edition (Michael B. Gerrard and Jody Freeman, eds, 2014). It compiles state legislation, rules and executive orders that specifically address climate change as of the end of April 2014. It also includes a wide variety of state activities that may have an impact on greenhouse gases including legislation related to energy efficiency and renewable energy. The focus of this material is to provide readers with an understanding of the range of state activity that may contribute to greenhouse gas reduction and climate change. Some types of energy efficiency, alternative fuels …


Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher Sep 2014

Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the OGSML, …


J. Dickson Phillips Jr.: Preparation For Judicial Excellence, John Charles Boger Sep 2014

J. Dickson Phillips Jr.: Preparation For Judicial Excellence, John Charles Boger

North Carolina Law Review

No abstract provided.


Modernizing The New South: The Legacy Of Judge Phillip's Late-Career, Late-Centry Rulings In Shaw And Vmi, Hampton Dellinger Sep 2014

Modernizing The New South: The Legacy Of Judge Phillip's Late-Career, Late-Centry Rulings In Shaw And Vmi, Hampton Dellinger

North Carolina Law Review

No abstract provided.


A Bump In The Road Of Consumer Protection: How Bumpers V. Community Bank Of Northern Virginia Stripped Section 75-1.1 Of Its Ability To Protect Borrowers, Rebecca A. Fiss Sep 2014

A Bump In The Road Of Consumer Protection: How Bumpers V. Community Bank Of Northern Virginia Stripped Section 75-1.1 Of Its Ability To Protect Borrowers, Rebecca A. Fiss

North Carolina Law Review

No abstract provided.


Overcriminalization In North Carolina, Jeff Welty Sep 2014

Overcriminalization In North Carolina, Jeff Welty

North Carolina Law Review

No abstract provided.


Reeling In The Supreme Court Of North Carolina: Judicial Intervention In The Internal Dispute Resolution Of Voluntary Associations Under Topp V. Big Rock Foundation, Inc., Lucille C. Andrzejewski Sep 2014

Reeling In The Supreme Court Of North Carolina: Judicial Intervention In The Internal Dispute Resolution Of Voluntary Associations Under Topp V. Big Rock Foundation, Inc., Lucille C. Andrzejewski

North Carolina Law Review

No abstract provided.


Changing Spaces, Lauren M. Collins Sep 2014

Changing Spaces, Lauren M. Collins

Law Faculty Articles and Essays

As print collections shrink in favor of the electronic delivery of information, library space—once needed to hold the volumes we counted on to justify our existence—is no longer necessary for that purpose. Those who manage law libraries with large footprints are regularly asked to justify the continued maintenance of space that houses much smaller collections. Even those with smaller library spaces find themselves, at the very least, with more space than they had before and facing decisions about its use. This article discusses the ways in which several law libraries have altered their spaces while also adding to students' learning, …


Dna Real Estate: The Myriad Genetics Case And The Implications Of Granting Patent Eligibility To Complimentary Dna, Sarah Elizabeth Hagan Sep 2014

Dna Real Estate: The Myriad Genetics Case And The Implications Of Granting Patent Eligibility To Complimentary Dna, Sarah Elizabeth Hagan

Northern Illinois University Law Review

In June 2013, in Ass'n for Molecular Pathology et. al., v. Myriad Genetics, Inc., the Supreme Court examined the patent eligibility of isolated (human) DNA and its components. This was in response to advances in breast cancer prescreening surrounding mutations associated with the BRCA1 and BRCA2 genes. In accordance with 35 U.S.C. §101, the Court evaluated whether naturally occurring segments of DNA and synthetically created segments of v DNA were patent eligible. The Court found that while isolated natural DNA segments were patent ineligible, synthetically created DNA segments were not precluded. This Note examines the potential economic and ethical implications …