Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1231 - 1260 of 3908

Full-Text Articles in Entire DC Network

Front Matter May 2021

Front Matter

Washington Journal of Environmental Law & Policy

No abstract provided.


Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle May 2021

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …


The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu May 2021

The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu

American Indian Law Journal

No abstract provided.


Front Matter And Table Of Contents May 2021

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Climate Change Has Beef With Federal Cattle Grazing, John David Janicek May 2021

Climate Change Has Beef With Federal Cattle Grazing, John David Janicek

Washington Journal of Environmental Law & Policy

Increased emissions of greenhouse gases are causing the Earth􏰂s climate to change producing extreme temperatures and dangerous conditions for mankind. Livestock is positioned at a unique juncture of the current and future fight against atmospheric temperature rise. These animals produce the very nutrients a growing world population needs to survive, and the meat they yield plays an important role in all world cultures. Unfortunately, the production of livestock is considered one of the most significant emitters of greenhouse gases, of which cattle is the largest contributor. Therefore, a balance must be struck between livestock production and preservation of the Earth. …


Border Solutions From The Inside, Raquel E. Aldana May 2021

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.


Front Matter And Table Of Contents May 2021

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez May 2021

When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez

Seton Hall Law Review

No abstract provided.


Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?, Sascha Dov Bachmann, Ikechukwu P. Ugwu May 2021

Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?, Sascha Dov Bachmann, Ikechukwu P. Ugwu

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Table Of Contents May 2021

Table Of Contents

Washington Journal of Environmental Law & Policy

No abstract provided.


Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle May 2021

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …


Front Matter & Table Of Contents May 2021

Front Matter & Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor May 2021

“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor

Articles & Book Chapters

Both the Truth and Reconciliation Commission (TRC) and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) explicitly emphasized the role of educators in “reconciliation.” Alongside this, conservation practitioners are increasingly interacting with Indigenous Peoples in various ways, such as in the creation and support of Indigenous protected areas and (or) guardian programs. This paper considers how faculty teaching aspiring conservation practitioners can respond appropriately to the TRC and MMIWG Inquiry while preparing students to engage with Indigenous Peoples in a way that affirms, rather than questions Indigenous knowledge and aspirations. Our argument is threefold: first, teaching …


The Pandemic Legacy: Accounting For Working-From-Home Emissions, Michael P. Vandenbergh, Sharon Shewmake May 2021

The Pandemic Legacy: Accounting For Working-From-Home Emissions, Michael P. Vandenbergh, Sharon Shewmake

Vanderbilt Law School Faculty Publications

The COVID-19 pandemic has resulted in millions of employees working from home, a development that is challenging public and private standards for reporting and reducing greenhouse gas emissions. Under these standards, corporations disclose the emissions from large buildings and the power plants that supply them with energy, but most do not report other types of emissions. When employees shift from working at an office to working at home, the corporate emissions appear to have decreased even though they have simply shifted beyond the boundary of the reporting requirement. This move creates greenwashing risks--the ability to claim that corporate greenhouse gas …


Technological Trash: Should We Regulate The Disposal Of Cathode Ray Tubes In Waste Facilities?, Kenneth Clay Ratley May 2021

Technological Trash: Should We Regulate The Disposal Of Cathode Ray Tubes In Waste Facilities?, Kenneth Clay Ratley

Journal of Natural Resources & Environmental Law

No abstract provided.


Conservation Easements As A Tool For Nature Protection, William Snape May 2021

Conservation Easements As A Tool For Nature Protection, William Snape

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski May 2021

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …


Wakaf Lingkungan Hidup Dalam Rangka Pelaksanaan Pembangunan Berkelanjutan Dan Penegakkan Keadilan Antargenerasi, Savitri Nur Setyorini, Wirdyaningsih Wirdyaningsih, Chita Arifa Hazna May 2021

Wakaf Lingkungan Hidup Dalam Rangka Pelaksanaan Pembangunan Berkelanjutan Dan Penegakkan Keadilan Antargenerasi, Savitri Nur Setyorini, Wirdyaningsih Wirdyaningsih, Chita Arifa Hazna

Journal of Islamic Law Studies

Artikel ini memberikan gambaran mengenai wakaf untuk lingkungan hidup dan kaitannya dengan pembangunan berkelanjutan dan keadilan antargenerasi. Wakaf merupakan salah satu instrumen hukum Islam untuk menyelesaikan permasalahan umat, yang mana salah satunya adalah masalah lingkungan hidup yang terkait pula dengan pembangunan berkelanjutan dan keadilan untuk generasi yang akan datang. Penelitian ini adalah penelitian kualitatif dengan desain deskriptif analitis. Hasil penelitian menunjukkan bahwa wakaf untuk lingkungan hidup dapat menyeimbangkan antara pembangunan dan keberlanjutan lingkungan hidup, serta berimbas pelestarian lingkungan hidup yang berkelanjutan dan penciptaan keadilan antargenerasi, di mana generasi yang akan datang akan memiliki tingkat pemanfaatan lingkungan hidup dan sumber daya …


Consumer Electronic Right To Repair Laws: Focusing On An Environmental Foundation, Joshua Turiel May 2021

Consumer Electronic Right To Repair Laws: Focusing On An Environmental Foundation, Joshua Turiel

William & Mary Environmental Law and Policy Review

No abstract provided.


A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia May 2021

A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley May 2021

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil May 2021

Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Local Land Use Power: Managing Human Settlements To Mitigate Climate Change, John R. Nolon May 2021

Local Land Use Power: Managing Human Settlements To Mitigate Climate Change, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the authority and strategies that enable municipalities to lower their carbon footprint. It describes and analyzes many methods, both traditional and innovative, to use the power of local governments to reshape human settlements to mitigate climate change. The Article demonstrates that land use regulation can be retooled to greatly reduce or capture urban carbon emissions, and posits that mitigation efforts can lead to …


The Fourth Amendment In Your Shower: Naperville, Reasonable Expectations Of Privacy, And The Intimate Nature Of Electric Smart Meter Data, Alexandra Franklin May 2021

The Fourth Amendment In Your Shower: Naperville, Reasonable Expectations Of Privacy, And The Intimate Nature Of Electric Smart Meter Data, Alexandra Franklin

North Carolina Law Review

No abstract provided.


When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez May 2021

When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez

Faculty Scholarship

From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that are protected by treaties and enforced by arbitral tribunals. At the same time, tribal communities have an internationally recognized right to receive prior and informed consultation before they are affected by projects of this nature. The Article focuses on the clash of rights between energy extraction …


Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn May 2021

Taking A Stand: Climate Change Litigants And The Viability Of Constitutional Claims, Mina Juhn

Fordham Law Review

In response to the accelerating effects of global warming, individuals and citizen groups in the United States have brought suit against the federal government to challenge the adequacy of existing climate change policies. Though statutory and tort claims comprise the bulk of these actions, plaintiffs have begun alleging that government inaction on climate change violates constitutional and fundamental rights. In these matters, the federal judiciary generally applies threshold justiciability doctrines, such as standing and the political question doctrine, to deny judicial review. This Note examines the reasoning behind the judiciary’s application of these doctrines and evaluates the appropriate scope of …


Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa Apr 2021

Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa

Faculty Scholarship

Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.


Should Environmental Justice Be A National Concern? A Review And Analysis Of Environmental Justice Theories And Remedies, Matthew B. Leveridge Apr 2021

Should Environmental Justice Be A National Concern? A Review And Analysis Of Environmental Justice Theories And Remedies, Matthew B. Leveridge

Journal of Natural Resources & Environmental Law

No abstract provided.


Intergenerational Environmental Justice And The Climate Crisis: Thinking With And Beyond The Charter, Dayna Scott, Garance Malivel Apr 2021

Intergenerational Environmental Justice And The Climate Crisis: Thinking With And Beyond The Charter, Dayna Scott, Garance Malivel

Articles & Book Chapters

Inspired by the analysis developed in the article “Coming of Age in a Warming World: The Charter’s Section 15 Equality Guarantee and Youth-Led Climate Litigation,” by Nathalie Chalifour, Jessica Earle, and Laura Macintyre, this commentary explores the concept of intergenerational environmental justice in the climate crisis. Our central contribution is to advance a relational conception of intergenerational environmental justice, which we argue can overcome some common objections to thinking about justice and rights in “generational” terms. This analysis supports climate litigation efforts on Charter grounds, best conceived in our view as discrimination against young and future generations. Yet it also …


The Role Of Title Vi In Chester Residents V. Seif: Is The Future Of Environmental Justice Really Brighter?, Kristen L. Raney Apr 2021

The Role Of Title Vi In Chester Residents V. Seif: Is The Future Of Environmental Justice Really Brighter?, Kristen L. Raney

Journal of Natural Resources & Environmental Law

No abstract provided.