Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (1138)
- International Law (213)
- Natural Resources Law (186)
- Administrative Law (152)
- Land Use Law (143)
-
- Social and Behavioral Sciences (126)
- Water Law (125)
- Constitutional Law (102)
- Energy and Utilities Law (99)
- Law and Society (98)
- Physical Sciences and Mathematics (96)
- Earth Sciences (80)
- Law and Economics (80)
- Property Law and Real Estate (78)
- Oceanography and Atmospheric Sciences and Meteorology (78)
- Oil, Gas, and Mineral Law (63)
- International Trade Law (59)
- Legislation (57)
- Economics (53)
- Law and Politics (53)
- Comparative and Foreign Law (48)
- Public Affairs, Public Policy and Public Administration (48)
- Public Law and Legal Theory (40)
- Legal History (40)
- Agriculture Law (38)
- State and Local Government Law (36)
- Business Organizations Law (36)
- Environmental Policy (35)
- Legal Writing and Research (33)
- Institution
-
- Selected Works (800)
- SelectedWorks (614)
- William & Mary Law School (98)
- BLR (98)
- Pace University (90)
-
- Chicago-Kent College of Law (67)
- Boston College Law School (39)
- Villanova University Charles Widger School of Law (23)
- Washington and Lee University School of Law (21)
- Maurer School of Law: Indiana University (20)
- Widener University Delaware Law School (16)
- University of Georgia School of Law (13)
- Widener Law (12)
- University of Pennsylvania Carey Law School (12)
- University of Maine School of Law (10)
- University of Cincinnati College of Law (9)
- Fordham Law School (9)
- Seattle University School of Law (8)
- Cornell University Law School (7)
- American University Washington College of Law (7)
- University of North Carolina School of Law (7)
- Touro College Jacob D. Fuchsberg Law Center (6)
- University of Maryland Francis King Carey School of Law (6)
- Northwestern Pritzker School of Law (5)
- Alexander Blewett III School of Law at the University of Montana (5)
- Barry University School of Law (4)
- University of Florida Levin College of Law (4)
- The University of Akron (4)
- Florida A&M University College of Law (3)
- Case Western Reserve University School of Law (3)
- Publication Year
- Publication
-
- John C. Dernbach (99)
- ExpressO (88)
- Pace Law Faculty Publications (85)
- All Faculty Scholarship (66)
- William & Mary Environmental Law and Policy Review (56)
-
- Dan Tarlock (55)
- Rena I. Steinzor (50)
- David R. Hodas (46)
- David A. Wirth (43)
- James R. May (40)
- Boston College Law School Faculty Papers (38)
- Richard Faulk (37)
- Faculty Publications (34)
- Robert Percival (32)
- Michael E Lewyn (25)
- Carmen G. Gonzalez (24)
- Myanna Dellinger (19)
- Shi-Ling Hsu (19)
- Villanova Law Review (18)
- Gabriel Eckstein (18)
- Michael Blumm (18)
- Chad J McGuire (17)
- Mary Jane Angelo (15)
- Beau James Brock (14)
- Erin Ryan (14)
- Scholarly Works (13)
- Kenneth T Kristl (12)
- Faculty Scholarship at Penn Law (12)
- Robert F. Blomquist (12)
- Daniel A Farber (11)
- Publication Type
Articles 1 - 30 of 2082
Full-Text Articles in Law
Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers
Pace Environmental Law Review
No abstract provided.
All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards
All Dogs Get Regulatory Protection—And This Means Wolves Too: Extending Species- Specific Animal Welfare Act Protections, Megan Edwards
Pace Environmental Law Review
No abstract provided.
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Pace Environmental Law Review
The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management ...
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip
Bringing Animal Protection Legislation Into Line With Its Purported Purposes: A Proposal For Equality Amongst Non-Human Animals, Jane Kotzmann, Gisela Nip
Pace Environmental Law Review
The United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply ...
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition ...
Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on ...
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
Faculty Publications
This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and present ...
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Pace Environmental Law Review
No abstract provided.
Translational Ecology And Environmental Law, Robert W. Adler
Translational Ecology And Environmental Law, Robert W. Adler
Utah Law Faculty Scholarship
Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of transactional ecology seek to increase the relevance of their research to important environmental problems by improving how effectively they communicate research results to end users of that science, collaborating with those end users to identify research that is “actionable” rather than purely “curiosity-driven” or theoretical, recognizing that values as well as science have a legitimate role in environmental decisions, and engaging in ongoing ...
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Georgia State University Law Review
The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will ...
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Manufacturing Consent To Climate Inaction: A Case Study Of The Globe And Mail ’S Pipeline Coverage, Jason Maclean
Dalhousie Law Journal
Canada has long been a climate change policy laggard. Canada is among the world’s poorest-performing countries in terms of climate action—not only is Canada’s greenhouse gas emissions-reduction target under the Paris Agreement insufficiently ambitious, Canada is not even remotely on track to meet it. Canada’s enduring inaction on climate change is legitimized and sustained by its mainstream corporate news media, which contribute to the oil and gas industry’s capture of Canadian climate and energy policy. In this article, I examine how Canada’s leading national newspaper, The Globe and Mail, editorially framed the completion of ...
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Corporate Risk And Climate Impacts To Critical Energy Infrastructure In Canada, Rudiger Tscherning
Dalhousie Law Journal
Recent climate events such as Hurrican Harvey in Texas foreshadow the dangers that could result from critical energy infrastructure failure in Canada due to physical impacts caused by climate change. This article examines the types of climate impacts that could affect critical energy infrastructure in Canada. The article argues that these impacts translate into three types of corporate risk to the owners and operators of the critical asset: economic risks to the infrastructure asset; management and operational risks to the corporation; and risks arising from corporate disclosure obligations. Applying the theoretical approach of "risk management," the article concludes that, on ...
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
The Non-Impact Of The United States Supreme Court Regulatory Takings Cases On The State Courts: Does The Supreme Court Really Matter?, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
Linda A. Malone
No abstract provided.
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Linda A. Malone
No abstract provided.
Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone
Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone
Linda A. Malone
No abstract provided.
Farmland Preservation, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone
Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone
Linda A. Malone
No abstract provided.
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Lynda L. Butler
The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of ...
Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle
Pain In The Ash: How Coal-Fired Power Plants Are Polluting Our Nation's Waters Without Consequences, Amanda P. Demmerle
West Virginia Law Review
No abstract provided.
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous ...
Contagious Environmental Lawmaking, Natasha Affolder
Contagious Environmental Lawmaking, Natasha Affolder
Faculty Publications
It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion ...
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how ...
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to ...