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- Journal of Comparative Urban Law and Policy (35)
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Articles 1 - 30 of 61
Full-Text Articles in Environmental Law
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Seattle Journal of Technology, Environmental, & Innovation Law
International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
Seattle Journal of Technology, Environmental, & Innovation Law
As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk
Seattle Journal of Technology, Environmental, & Innovation Law
Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …
The Costs Of Critical Habitat Or Owl’S Well That Ends Well, Jonathan Klick, J.B. Ruhl
The Costs Of Critical Habitat Or Owl’S Well That Ends Well, Jonathan Klick, J.B. Ruhl
All Faculty Scholarship
When the Fish and Wildlife Service designated land in four counties of Arizona as “critical habitat” necessary for the protection of the endangered cactus ferruginous pygmy‐owl, property values dropped considerably. When the owl was later delisted, property values jumped back up. We use difference-in-difference and synthetic control designs to identify this effect with Zillow property value data. The results provide an estimate of the costs of this critical habitat designation, and they are considerable, contrary to the regulators’ position that critical habitat protection imposes no incremental costs beyond the original endangered species listing.
Environmental Soft Law As A Governance Strategy, Cary Coglianese
Environmental Soft Law As A Governance Strategy, Cary Coglianese
All Faculty Scholarship
Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 …
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
All Faculty Scholarship
This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …
Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar
Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar
Journal of Food Law & Policy
Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …
From Emission Trade Sysytem To Carbon Offset: Status And Progress Of Emission Control In Shipping Industry, Zhili Yao
World Maritime University Dissertations
No abstract provided.
Regulating Micromobility: Examining Transportation Equity And Access, Karen Johnston, Deirdre A. Oakley, Audra Durham, Claire Bass, Stacie Kershner
Regulating Micromobility: Examining Transportation Equity And Access, Karen Johnston, Deirdre A. Oakley, Audra Durham, Claire Bass, Stacie Kershner
Journal of Comparative Urban Law and Policy
This paper evaluates the various ways cities have or are attempting to address e-scooter usage equity concerns, with a focus on Atlanta, Georgia as compared to Austin, Texas; Charlotte, North Carolina; Los Angeles, California; and Portland, Oregon. The cities were evaluated by the laws in effect at the time of coding, which occurred during the project period of October through December 2019. To explore how existing laws and regulations affect access to e-scooters, this research was guided by the following overarching questions: How equitable is access to e-scooters? How can equitable access to e-scooters be improved? How can a data-driven …
Inequities Of Transit Access: The Case Of Atlanta, Ga, Christopher K. Wyczalkowski, Timothy Welch, Obed Pasha
Inequities Of Transit Access: The Case Of Atlanta, Ga, Christopher K. Wyczalkowski, Timothy Welch, Obed Pasha
Journal of Comparative Urban Law and Policy
Public transportation systems are essential components of urban infrastructure, providing connectivity that contributes to the quality of life for urban dwellers. Particularly important for low-income populations, public transportation systems enhance access to jobs, markets, services, education, healthcare, recreation, and social networks. While low-income populations and minorities make up a disproportionately high share of transit ridership, theories such as spatial mismatch, social construction framework, and Critical Race Theory maintain that public transportation systems may not provide equitable connectivity to all riders. We utilize GIS and regression models to examine the relationship between transit connectivity and poverty, asking whether connectivity is evenly …
Transport Sustainability In The United States: Leading From Below, Catherine Ross, Chisun Yoo, Bruce Stiftel
Transport Sustainability In The United States: Leading From Below, Catherine Ross, Chisun Yoo, Bruce Stiftel
Journal of Comparative Urban Law and Policy
No abstract provided.
Sense Of Place: The Intersection Between Built Heritage And Intangible Cultural Heritage In Singapore, Jack Lee
Journal of Comparative Urban Law and Policy
Built heritage in Singapore is safeguarded through two legal regimes, one relating to national monuments declared under the Preservation of Monuments Act (Chapter 239, 2011 Revised Edition), and the other relating to conservation areas declared under the Planning Act (Cap 232, 1998 Rev Ed). In contrast, no particular legal protection exists for intangible cultural heritage. Considering examples such as tomb inscriptions and rituals for honouring the deceased at Bukit Brown Cemetery, this article explores how built heritage can be secured and enriched by giving greater recognition and protection in international and domestic law to the intangible cultural heritage associated with …
The Business Of Heritage In Singapore: Money, Politics & Identity, Kevin Tan
The Business Of Heritage In Singapore: Money, Politics & Identity, Kevin Tan
Journal of Comparative Urban Law and Policy
Singapore is one of the most rational and unsentimental places on earth. Its government prides itself on its pragmatic approach to policy-making, and is not afraid to slaughter sacred cows if they have to. This is perhaps most dramatically demonstrated by the radical modernization of Singapore’s built environment through its various Master Plans and public housing programmes. This massive physical transformation is perhaps modern Singapore’s most visible sign of progress. In such a milieu, ‘heritage’ is viewed more as a commodity to be bargained over than a common good in itself. The discussion over whether a building should be preserved …
When Past Is Prologue: The Values Of Historic Resources For Cities, Ryan Rowberry
When Past Is Prologue: The Values Of Historic Resources For Cities, Ryan Rowberry
Journal of Comparative Urban Law and Policy
No abstract provided.
Collaborative Economy, Tourist Accommodation And Their Impact In The Context Of Sustainable Urban Development: Is Artificial Intelligence A Possible Answer?, Juli Ponce
Journal of Comparative Urban Law and Policy
No abstract provided.
The Great Senior Short-Sale Or Why Policy Inertia Will Short Change Millions Of America's Seniors, Arthur C. Nelson
The Great Senior Short-Sale Or Why Policy Inertia Will Short Change Millions Of America's Seniors, Arthur C. Nelson
Journal of Comparative Urban Law and Policy
No abstract provided.
Affordable And Workforce Housing In France, Camille Mialot
Affordable And Workforce Housing In France, Camille Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Affordable Housing Policies In Brazil, Romulo S.R. Sampaio
Affordable Housing Policies In Brazil, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
No abstract provided.
The Use Of Legal Mechanisms To Provide For Affordable Housing In England And The United States, Edward Sullivan, Robert Williams
The Use Of Legal Mechanisms To Provide For Affordable Housing In England And The United States, Edward Sullivan, Robert Williams
Journal of Comparative Urban Law and Policy
No abstract provided.
The Making Of Urban Applied Statistics With Four Of Juergensmeyer's Theoretical Insights, Wellington Migliari
The Making Of Urban Applied Statistics With Four Of Juergensmeyer's Theoretical Insights, Wellington Migliari
Journal of Comparative Urban Law and Policy
The present article delves deeper into four academic contributions written by the emeritus professor Julian Conrad Juergensmeyer, Ben F. Johnson Jr. Chair in Law and Director, Center for the Comparative Study of Metropolitan Growth. Co-authoring relevant publications on spatial issues from different perspectives, we identify four valuable insights accumulated along four decades dedicated to industrial co-operation, planning costs, land use and infrastructure development. All of them combined can make what we denominate an urban developmental mind. It is a strategic sequence of ideas involving urban planning, economics and law as a complex yet inevitable amalgamation of knowledge for human development. …
Analysis Of The Complex Relations Between Poverty And The Urban Environment In Brazil, Vladimir Freitas
Analysis Of The Complex Relations Between Poverty And The Urban Environment In Brazil, Vladimir Freitas
Journal of Comparative Urban Law and Policy
Brazil has strong legal support for the protection of environmental areas. In addition to the fact that rural properties are required to leave a part, called the “legal reserve” (20% in the south of the country) untouched, there is also strong protection within urban areas. It turns out that population growth and ruralurban migration have caused a rise in new environmental issues, many of them affecting vulnerable populations. The purpose of this study is to identify the complexity of the invasions of these areas by homeless people and the difficulties of providing a legal solution to these cases. There is …
Why Greenland Is Not For Sale, Ellen Margrethe Basse
Why Greenland Is Not For Sale, Ellen Margrethe Basse
Journal of Comparative Urban Law and Policy
No abstract provided.
Crimes Against Pollution Caused By Illegal Construction In Turkey, Feridun Yenisey, Asiye Selcen Atac
Crimes Against Pollution Caused By Illegal Construction In Turkey, Feridun Yenisey, Asiye Selcen Atac
Journal of Comparative Urban Law and Policy
No abstract provided.
Environmental Protection In Spatial Planning In Poland. Mapping The Legal Framework, Maria Kenig-Witkowska
Environmental Protection In Spatial Planning In Poland. Mapping The Legal Framework, Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
No abstract provided.
Dieselgate As An Issue Of Urban Planning - German Approaches, Michael Bothe
Dieselgate As An Issue Of Urban Planning - German Approaches, Michael Bothe
Journal of Comparative Urban Law and Policy
No abstract provided.
Institutional Framework For Open Space Conservation, Janice Griffith
Institutional Framework For Open Space Conservation, Janice Griffith
Journal of Comparative Urban Law and Policy
Finding an effective approach to conserve large-scale, multipurpose open spaces through a coordinated network across jurisdictional boundary lines has proved elusive. Because open space infrastructure serves so many functions ranging from recreational trails to ecological systems protection, decision makers have often treated open space as a subpart of another activity and overlooked its importance. After discussing the benefits of open space conservation, this article analyzes the impediments to its realization. Noting the institutional fragmentation that surrounds open space conservation, the article discusses the governmental and private sector bodies that implement actions designed to achieve it. The article argues that open …
Beyond Green Infrastructure - Integrating The Ecosystem Services Framework Into Urban Planning Law And Policy, J.B. Ruhl
Journal of Comparative Urban Law and Policy
No abstract provided.
The Life And Death Of Great Cities In The Time Of Climate Change And The Covid-19 Pandemic, James Kushner
The Life And Death Of Great Cities In The Time Of Climate Change And The Covid-19 Pandemic, James Kushner
Journal of Comparative Urban Law and Policy
No abstract provided.
Municipal Bonds In Three Countries: India, South Africa And The United States, Matt Glasser
Municipal Bonds In Three Countries: India, South Africa And The United States, Matt Glasser
Journal of Comparative Urban Law and Policy
No abstract provided.
Co-Producing Local Policies Through Citizens' Panels, Dawid Szescilo
Co-Producing Local Policies Through Citizens' Panels, Dawid Szescilo
Journal of Comparative Urban Law and Policy
No abstract provided.