Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Natural Resources Law
Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick
Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick
Robert R.M. Verchick
Recently, legal scholars have begun to explore the meaning and significance of geographic space in law within the United States and internationally, a project highlighted in a 1996 Stanford Law Review symposium. Much of this discussion draws implicitly and explicitly on critical legal theory in approaching geographic themes -- suggesting the beginning of what the author calls "Critical Space Theory." This article uses Critical Space Theory to address the legal significance of geography in relation to two environmental issues in the United States and the European Union: (1) transborder waste transportation and (2) judicial standing. Each issue raises questions of …
The Commerce Clause, Environmental Justice, And The Interstate Garbage Wars, Robert R.M. Verchick
The Commerce Clause, Environmental Justice, And The Interstate Garbage Wars, Robert R.M. Verchick
Robert R.M. Verchick
This Article critically examines the Court's garbage cases in conjunction with traditional principles of Commerce Clause jurisprudence for the purpose of constructing a doctrine that is at once constitutionally and ecologically sound. The Article is divided into five parts. Part I briefly describes the current state of the garbage wars, both in terms of environmental effects and in terms of constitutional developments. Parts II and III critically examine the Court's garbage cases from the perspectives of two traditional justifications for the negative Commerce Clause: encouraging fair representation of residents across state lines and discouraging economic protectionism. Here I conclude that …