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Full-Text Articles in Law

Environmental Indifference, Anthony L. Moffa Jan 2021

Environmental Indifference, Anthony L. Moffa

Faculty Publications

An incarcerated American underclass, disproportionately comprised of minority citizens, has been compelled to live in an unconstitutionally polluted environment. Exposure to radon gas in indoor air is just one example of that pollution. Fortunately, the legal effort to address that particular condition of confinement has already begun; the theoretical and practical discussion in this work strives to both highlight the importance of the issue and inform the doctrinal development. The Eighth Amendment precedent created on the specific issue of radon exposure will very likely control the courts’ treatment of other environmental harms ignored by prison officials. This work, using radon …


President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler Nov 2018

President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler

Faculty Publications

Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation …


Public Energy, Shelley Welton Apr 2017

Public Energy, Shelley Welton

Faculty Publications

Many scholars and policy makers celebrate cities as loci for addressing climate change. In addition to being significant sources of carbon pollution, cities prove to be dynamic sites of experimentation and ambition on climate policy. However, as U.S. cities set climate change goals far above those of their federal and state counterparts, they are butting up against the limits of their existing legal authority, most notably with regard to control over energy supplies. In response, many U.S. cities are exercising their legal rights to reclaim public ownership or control over private electric utilities as a method of achieving their climate …


Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg Jan 2017

Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg

Faculty Publications

This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …


Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald Thomas Hornstein Jan 2016

Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Insurance At The Energy-Water Nexus, Donald Thomas Hornstein Jan 2014

Insurance At The Energy-Water Nexus, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


The Balkanization Of Cat Property Insurance: Financing And Fragmentation In Storm Risks, Donald Thomas Hornstein Jan 2013

The Balkanization Of Cat Property Insurance: Financing And Fragmentation In Storm Risks, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Conservative Principles For Environmental Reform,, Jonathan H. Adler Jan 2013

Conservative Principles For Environmental Reform,, Jonathan H. Adler

Faculty Publications

Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental bills have been enacted since then.


Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton Jul 2012

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.


The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald Thomas Hornstein Jan 2010

The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler Jan 2009

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …


Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler Jan 2009

Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler

Faculty Publications

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental …


Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford Jan 2008

Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford

Faculty Publications

This paper adds to the debate over whether self-policing can increase environmental protection by considering an issue that has been ignored in previous models—that self-policing may influence future enforcement. The model combines self-policing with targeted enforcement and allows for both deliberate and inadvertent violations. As expected, rewarding self-policers with more lenient future enforcement increases auditing, remediation, and disclosure of inadvertent violations. Self-policing can also serve as a complement to deliberate compliance and can thus further increase environmental performance. However, under reasonable conditions, self-policing can be a substitute for deliberate compliance and could therefore be detrimental to environmental protection.


Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone Jul 2006

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Faculty Publications

No abstract provided.


Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone Jul 2002

Recent Developments Concerning Environmental Law And Agriculture, Linda A. Malone

Faculty Publications

No abstract provided.


On Revolution And Wetland Regulations, Michael J. Gerhardt Jan 2002

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone Jan 2002

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Faculty Publications

No abstract provided.


Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone Jul 2001

Bioavailability: On The Frontiers Of Science And Law In Cleanup Methodologies For Contamination, Linda A. Malone

Faculty Publications

No abstract provided.


Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein Jan 1999

Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein Jan 1999

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

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 Jan 1998

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

Faculty Publications

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 …


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1997

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1996

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1995

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


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 Jan 1995

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

Faculty Publications

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1994

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg Jan 1994

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein Jan 1993

Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein

Faculty Publications

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1993

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Exxon Collides With The "Valdez Principles", Jayne W. Barnard Jan 1990

Exxon Collides With The "Valdez Principles", Jayne W. Barnard

Faculty Publications

No abstract provided.