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The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree 2023 Elisabeth Haub School of Law at Pace University

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …


Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey 2023 Suffolk University law School

Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey

Utah Law Review

All cities and towns in the U.S. utilize electric power. Electric power needs to be generated. Now, energized by larger issues of rapid climate change, the U.S. and all nations must transition to lower-carbon-emission sources of power generation, of which wind power currently is the most prominent and used technology. Any community hostile to wind power can pass a highly restrictive amendment to its zoning ordinance that makes the community unattractive or costprohibitive to wind or other power generation projects. There is no requirement under state law for states to allow tens of thousands of cities and towns carte blanche …


Climate Insecurity, Shi-Ling Hsu 2023 Florida State University College of Law

Climate Insecurity, Shi-Ling Hsu

Utah Law Review

Global climate change causes climatic events such as hurricanes, droughts, floods, and heat waves to occur more frequently and with greater severity. In addition to inflicting direct harms, climatic events disrupt the flow of commerce and natural resources, creating shortages of goods and services, sometimes temporarily, sometimes not. Climate change is getting worse, so climatic events will escalate over time, and as events cumulate, there is the potential for multiple events to heap harm on top of harm, exponentially increasing misery and disruption. What looms is the prospect of shortages of basic life necessities.

A vast literature on food and …


Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood 2023 Property and Enivromental Research Center (PERC)

Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood

Utah Law Review

For nearly a century, the federal government has authorized ranchers to graze livestock on large areas of federal lands in the western United States. Federal-land grazing has generated substantial conflict in recent decades, as conservation interests and others have lobbied and litigated against what they view as inappropriate and destructive use of federal lands. This has produced a predictable backlash among ranching interests, including efforts to roll back the regulations relied on by environmental litigants and aggressive confrontations with federal regulators. But such conflict is not inevitable. Competing demands on these lands can be resolved through voluntary means and positive …


Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess 2023 S.J. Quinney College of Law

Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess

Utah Law Review

The Greater Yellowstone Ecosystem (GYE), one of the world’s most treasured regions, consists of an interconnected patchwork of federal, state, and private lands. The GYE’s elk, mule deer, and pronghorn antelope (pronghorn) rely on this vast range to complete their seasonal migrations, but development increasingly threatens this natural cycle. Moreover, the GYE’s existing wildlife management framework fails to resolve the tension between wildlife and growth, leaving both wildlife and local communities vulnerable. After reviewing the scope of the GYE’s ecological challenges, this Note proposes a new solution: a policy establishing affirmative easements across designated migration corridors in the GYE and …


Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee 2022 Georgetown University Law Center

Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …


The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee 2022 Georgetown University Law Center

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …


Sovereign Lands, Brent D. Chicken, Amanda J. Dick 2022 University of Oklahoma College of Law

Sovereign Lands, Brent D. Chicken, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Wyoming, John R. Chadd 2022 University of Oklahoma College of Law

Wyoming, John R. Chadd

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


West Virginia, Andrew S. Graham 2022 University of Oklahoma College of Law

West Virginia, Andrew S. Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Virginia, Zachary H. Barrett 2022 University of Oklahoma College of Law

Virginia, Zachary H. Barrett

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Utah, Alan M. White 2022 University of Oklahoma College of Law

Utah, Alan M. White

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Texas, Melissa Munson 2022 University of Oklahoma College of Law

Texas, Melissa Munson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Tennessee, Westley A. Ketron 2022 University of Oklahoma College of Law

Tennessee, Westley A. Ketron

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner 2022 University of Oklahoma College of Law

Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Oklahoma, Matt Schlensker, Sandra Fraley 2022 University of Oklahoma College of Law

Oklahoma, Matt Schlensker, Sandra Fraley

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Ohio, Tim McKeen, Melissa Grimes 2022 University of Oklahoma College of Law

Ohio, Tim Mckeen, Melissa Grimes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


North Dakota, William J. Black 2022 University of Oklahoma College of Law

North Dakota, William J. Black

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


New York, Delainey Banks 2022 University of Oklahoma College of Law

New York, Delainey Banks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


New Mexico, Blake C. Jones 2022 University of Oklahoma College of Law

New Mexico, Blake C. Jones

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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