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- Water (28)
- West (28)
- Climate change (27)
- Colorado (22)
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- Western water law (22)
- American West (21)
- Resources (21)
- Landscapes (20)
- Western water policy (19)
- California (17)
- Environmental justice (16)
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- Environmental Protection Agency (11)
- Natural resources law (11)
- U.S. Bureau of Land Management (11)
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- Publication Year
- Publication
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- All Faculty Scholarship (16)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (14)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (11)
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- Indigenous Water Justice Symposium (June 6) (8)
- CEES: The Center for Energy & Environmental Security [Newsletter] (2008) (4)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (4)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (3)
- EESI: The Energy & Environmental Security Initiative [Newsletter] (2007) (3)
- Articles (2)
- Librarian Scholarship at Penn Law (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- 2010 World Energy Justice Conference (November 5) (1)
- A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11) (1)
- Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9) (1)
- Book Chapters (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Scholarship (1)
- World Energy Justice Conference (October 23-24) (1)
Articles 1 - 30 of 127
Full-Text Articles in Law and Society
Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah
Sustainability In Public Procurement, Corporate Law And Higher Education (Introduction), Paolo Davide Farah
Book Chapters
Lela Mélon’s edited collection brings a fresh perspective to the intricate relationship between corporations and sustainability. The book focuses on the role of state actors in boosting environmental protection and the increasing importance of state awareness on environmental crises. Whether it is procurement, or education or corporate governance, we are witnessing a proactive stance of the state that is balancing economic growth with ecological concerns. The difficulties faced in forcing a particular conduct in the private sphere is reviewed in detail in the book, along with national laws and regulations that, rather than promoting environmental protection, have had the opposite …
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Articles
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …
Why Aim Law Toward Human Survival, John William Draper
Why Aim Law Toward Human Survival, John William Draper
Librarian Scholarship at Penn Law
Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.
If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.
There is no better choice. You and all your relatives have rights. The …
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams
Department of Justice Studies Faculty Scholarship and Creative Works
U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to foreground new …
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 …
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Over the last fifty years, the U.S. Environmental Protection Agency (EPA) has found itself repeatedly defending its regulations before federal judges. The agency’s engagement with the federal judiciary has resulted in prominent Supreme Court decisions, such as Chevron v. NRDC and Massachusetts v. EPA, which have left a lasting imprint on federal administrative law. Such prominent litigation has also fostered, for many observers, a longstanding impression of an agency besieged by litigation. In particular, many lawyers and scholars have long believed that unhappy businesses or environmental groups challenge nearly every EPA rule in court. Although some empirical studies have …
Management-Based Regulation, Cary Coglianese, Shana M. Starobin
Management-Based Regulation, Cary Coglianese, Shana M. Starobin
All Faculty Scholarship
Environmental regulators have embraced management-based regulation as a flexible instrument for addressing a range of important problems often poorly addressed by other types of regulations. Under management-based regulation, regulated firms must engage in management-related activities oriented toward addressing targeted problems—such as planning and analysis to mitigate risk and the implementation of internal management systems geared towards continuous improvement. In contrast with more restrictive forms of regulation which can impose one-size-fits-all solutions, management-based regulation offers firms greater operational choice about how to solve regulatory problems, leveraging firms’ internal informational advantage to innovate and search for alternative measures to achieve the intended …
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Daniel Connell, Australian National University
22 slides
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Kevin Wheeler, University of Oxford
29 slides
Slides: Learning From Drought Crises In Federations: Principles, Indicators And Lessons Learned, Lucia De Stefano, Dustin Garrick, Daniel Connell
Slides: Learning From Drought Crises In Federations: Principles, Indicators And Lessons Learned, Lucia De Stefano, Dustin Garrick, Daniel Connell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenters:
Lucia De Stefano, Complutense Universidad de Madrid
Dustin Garrick, McMaster University/University of Oxford
Daniel Connell, Australia National University
27 slides
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law
4 slides
Slides: The Colorado River Basin, Larry Macdonnell
Slides: The Colorado River Basin, Larry Macdonnell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado
17 slides
Slides: Politics Of Interstate Water Cooperation And Conflicts: The Case Of Krishna River, India, Srinivas Chokkakula
Slides: Politics Of Interstate Water Cooperation And Conflicts: The Case Of Krishna River, India, Srinivas Chokkakula
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Srinivas Chokkakula, Centre for Policy Research, New Delhi; Research Fellow, SOAS, University of London
16 slides
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Oliver M. Brandes, University of Victoria
28 slides
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Tony McLeod, MDBA, Murray-Darling Basin Authority
17 slides
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Rebecca Tharme, Riverfutures Ltd.
18 slides
Slides: Environmental Flow Case Studies: Southern And Eastern Africa, Rebecca Tharme, Kelly Fouchy, Susan Graas, John Conallin, Michael Mcclain, Unesco-Ihe, Felister Mombo, Sokoine University Of Agriculture
Slides: Environmental Flow Case Studies: Southern And Eastern Africa, Rebecca Tharme, Kelly Fouchy, Susan Graas, John Conallin, Michael Mcclain, Unesco-Ihe, Felister Mombo, Sokoine University Of Agriculture
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Rebecca Tharme, Riverfutures Ltd.
17 slides
Slides: Rivers And People In The Neotropics: Social And Ecological Science For Environmental Flows, Elizabeth P. Anderson
Slides: Rivers And People In The Neotropics: Social And Ecological Science For Environmental Flows, Elizabeth P. Anderson
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Elizabeth P. Anderson, Florida International University
38 slides
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenters:
Michael Douglas, University of Western Australia, Charles Darwin University
Sue Jackson, Griffith University
35 slides
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development
21 slides
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
15 pages
Contains footnotes
"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"
"DATED 20 APRIL 2012"
Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements1 by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Indigenous Water Justice Symposium (June 6)
Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …
Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens
Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens
Indigenous Water Justice Symposium (June 6)
Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program
17 slides
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
25 slides
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
4 pages
Contains 1 footnote
Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.
Fact Sheet: Water Licences, New South Wales Aboriginal Land Council
Fact Sheet: Water Licences, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
4 pages
Contains references
Submission To The Review Of The Australian And New Zealand Guidelines For Fresh And Marine Water Quality - Cultural And Spiritual Values Chapter, Lesley Turner, New South Wales Aboriginal Land Council
Submission To The Review Of The Australian And New Zealand Guidelines For Fresh And Marine Water Quality - Cultural And Spiritual Values Chapter, Lesley Turner, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
6 pages
Letter dated 3/9/15, addressed to Sheryl Hedges, Director, Water Quality and Water Knowledge Section, Department of the Environment, from Lesley Turner, CEO, New South Wales Aboriginal Land Council.
Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan
Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan
Indigenous Water Justice Symposium (June 6)
Poh-Ling Tan, Griffith University
13 slides