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Articles 4711 - 4740 of 17869
Full-Text Articles in Law
Table Of Contents
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
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
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
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
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
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
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
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
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
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Introduction, Joan M. Shaughnessy
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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 …