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Articles 1 - 30 of 83
Full-Text Articles in Physical Sciences and Mathematics
Our Global Commons, Brigham Daniels, James Salzman
Our Global Commons, Brigham Daniels, James Salzman
BYU Law Review
No abstract provided.
The Tragicomedy Of The Commons, Brigham Daniels
The Tragicomedy Of The Commons, Brigham Daniels
BYU Law Review
Scholarship on the commons focuses on a diverse set of problems, ranging from crashing fisheries to crowded court dockets. Because we find commons resources throughout our natural and cultural environments, understanding old lessons and learning new ones about the commons gives us leverage to address a wide range of problems. Because the list of resources identified as commons resources continues to grow, the importance of gleaning lessons about the commons will also continue to grow.
That being said, while the resources that make up the commons are certainly diverse, so too are the ways scholars depict it and the challenges …
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig
BYU Law Review
Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …
Agglomerama, Lee Anne Fennell
Local Governments And Global Commons, Jonathan Rosenbloom
Local Governments And Global Commons, Jonathan Rosenbloom
BYU Law Review
No abstract provided.
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray
BYU Law Review
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Naming The Tragedy, Eric T. Freyfogle
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
William & Mary Environmental Law and Policy Review
Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
William & Mary Environmental Law and Policy Review
No abstract provided.
Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark
William & Mary Environmental Law and Policy Review
No abstract provided.
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
William & Mary Environmental Law and Policy Review
No abstract provided.
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
William & Mary Environmental Law and Policy Review
Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including burden-shifting rules …
From The Editor-In-Chief, Ibrahim A. Baggili
From The Editor-In-Chief, Ibrahim A. Baggili
Journal of Digital Forensics, Security and Law
We are proud to share with you this special edition issue of the JDFSL. This year, JDFSL partnered with both the 6th International Conference on Digital Forensics and Cyber Crime (ICDF2C) and Systematic Approaches to Digital Forensic Engineering (SADFE)–two prominent conferences in our field that were co-hosted. Fifty-three papers were submitted, and the Technical Program Committee accepted only 17 after a rigorous review process.
Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach
Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach
William & Mary Environmental Law and Policy Review
No abstract provided.
Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah
Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah
William & Mary Environmental Law and Policy Review
No abstract provided.
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
Geology, The Marcellus Shale, Experts, And Dispute Resolution, Itzchak E. Kornfeld
West Virginia Law Review
No abstract provided.
Introduction To Volume 6, Michael Sherr
Introduction To Volume 6, Michael Sherr
Journal of Adolescent and Family Health
Introduction to Volume 6
Adjudications, Brigette Buynak, Darcy S. Bushnell
Adjudications, Brigette Buynak, Darcy S. Bushnell
Water Matters!
Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …