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Environmental Law Commons

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2005

Selected Works

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Articles 1 - 20 of 20

Full-Text Articles in Environmental Law

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine Sep 2005

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine

Jonathan C. Augustine

Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …


The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth Mar 2005

The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth

David A. Wirth

No abstract provided.


Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth Mar 2005

Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth

David A. Wirth

No abstract provided.


A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel Feb 2005

A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert Glicksman, Carmen Gonzalez, David Gottlieb, Donald Hornstein, Douglas Kysar, Thomas Mcgarity, Catherine O'Neill, Clifford Rechtschaffen, Sidney Shapiro, Christopher Schroeder, Rena Steinzor, Joseph Tomain, Robert R.M. Verchick, Karen Sokol Jan 2005

An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert Glicksman, Carmen Gonzalez, David Gottlieb, Donald Hornstein, Douglas Kysar, Thomas Mcgarity, Catherine O'Neill, Clifford Rechtschaffen, Sidney Shapiro, Christopher Schroeder, Rena Steinzor, Joseph Tomain, Robert R.M. Verchick, Karen Sokol

Robert R.M. Verchick

No abstract provided.


Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson Jan 2005

Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By …


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


Clinic Provides Environmental Defense, Legal Training, Kenneth T. Kristl Jan 2005

Clinic Provides Environmental Defense, Legal Training, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.


Where Constitutional Law And Environmental Law Intersect, James R. May Jan 2005

Where Constitutional Law And Environmental Law Intersect, James R. May

James R. May

No abstract provided.


Exploring The Complexities Of Environmental Justice, Serena M. Williams Jan 2005

Exploring The Complexities Of Environmental Justice, Serena M. Williams

Serena M Williams

No abstract provided.


Regulation And Enforcement In The Law Of The Sea: Emerging Assertions Of A Right To Non-Flag State Enforcement In The High Seas Fisheries And Disarmament Contexts, Rosemary Rayfuse Dec 2004

Regulation And Enforcement In The Law Of The Sea: Emerging Assertions Of A Right To Non-Flag State Enforcement In The High Seas Fisheries And Disarmament Contexts, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Principles Of Law And Economics, Daniel Cole, Peter Grossman Dec 2004

Principles Of Law And Economics, Daniel Cole, Peter Grossman

Peter Z. Grossman

No abstract provided.


The Future Of Compulsory Dispute Settlement Under The Law Of The Sea Convention, Rosemary Rayfuse Dec 2004

The Future Of Compulsory Dispute Settlement Under The Law Of The Sea Convention, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


To Our Children’S Children’S Children: Achieving Compliance In High Seas Fisheries, Rosemary Rayfuse Dec 2004

To Our Children’S Children’S Children: Achieving Compliance In High Seas Fisheries, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Globalization Of Environmental Policy, David Wirth Dec 2004

The Globalization Of Environmental Policy, David Wirth

David A. Wirth

No abstract provided.


International Environmental Law, Rosemary Rayfuse Dec 2004

International Environmental Law, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Contributing Author, David Wirth Dec 2004

Contributing Author, David Wirth

David A. Wirth

No abstract provided.


The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May Dec 2004

The Aftermath Of Tmdl Litigation: Consent Decrees And Settlement Agreements, James R. May

James R. May

The Clean Water Act allows citizens to sue the EPA to “perform any act or duty…which is not discretionary,” and citizen suits have been influential in holding EPA responsible to the ideals of the CWA. This article describes the outcomes of three complex federal consent decrees to clean up waters and protect species in Pennsylvania, Delaware and Virginia through 2011.


Tribute To Frederic L. Kirgis, David A. Wirth Dec 2004

Tribute To Frederic L. Kirgis, David A. Wirth

David A. Wirth

No abstract provided.


Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author) Dec 2004

Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)

Shubhankar Dam

The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of acti­vism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the funda­mental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …