Digital Commons Network^™

Climate Change And Institutional Competence, Mark Squillace

Publications

No abstract provided.

The Relevance Of Results Generated By Human Indexing And Computer Algorithms: A Study Of West's Headnotes And Key Numbers And Lexisnexis's Headnotes And Topics, Susan Nevelow Mart

Publications

This article begins the investigation into the different ways results are generated in West's "Custom Digest" and in LexisNexis's "Search by Topic or Headnote" and by KeyCite and Shepard's. The author took ten pairs of matching headnotes from important federal and California cases and reviewed the results sets generated by each classification and citator system for relevance. The differences in the results sets for classification systems and for citator systems raise interesting issues about the efficiency and comprehensiveness of any one system, and the need to adjust research strategies accordingly

Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder

Faculty Scholarship

This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …

Private Commercial Space Transportation's Dependence On Space Tourism And Nasa's Responsibility To Both, Thomas Brannen

Journal of Air Law and Commerce

No abstract provided.

On-Site Renewable Energy And Public Finance: How And Why Municipal Bond Financing Is The Key To Propagating Access To On-Site Renewable Energy And Energy Efficiency, Jason R. Wiener, Christian Alexander

Santa Clara High Technology Law Journal

No abstract provided.

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Non-Union Workers Exposed To Pollutants, Michael C. Duff

All Faculty Scholarship

Canaries were used in times past to alert miners to the presence of dangerous gases in a mine. A canary would die, and the miners would thereby become aware of deadly, but sometimes odorless, gases. Just as canaries have alerted miners to the presence of dangerous gases in mines, workers exposed to dangerous pollutants and conditions in workplaces may function as societal canaries warning the broader public of environmental dangers; but hopefully without having to die in the process. To perform this role, the workers must live to work (and protest) another day. Section 7 of the National Labor Relations …

The Eminence Of Imminence And The Myopia Of Markets, Teneille R. Brown

Utah Law Faculty Scholarship

This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a particular type of public health threat – the negative consequences that stem from climate change. In this article I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments for encouraging …

Implementing Public Health Regulations In Developing Countries: Lessons From The Oecd Countries, Lawrence O. Gostin, Emily A. Mok, Monica Das Gupta, Max Levin

Georgetown Law Faculty Publications and Other Works

The enforcement of public health standards is a common problem in many developing countries. Public health agencies lack sufficient resources and, too often, enforcement mechanisms rely on slow and erratic judicial systems. These limitations can make traditional public health regulations difficult to implement. In this article, we examine innovative approaches to the implementation of public health regulations that have emerged in recent years within OECD countries. These approaches aim to improve compliance with health standards, while reducing dependence on both the legal system and the administrative resources of public health agencies.

This article begins by discussing some traditional forms of …

Ahistorical Indians And Reservation Resources, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

The article is an in-depth exploration of the impacts of an Indian tribe's decision to pursue an environmentally destructive form of economic development. The history of Navajo Nation's coal leasing provides the background for the tribe's recent proposal to build a coal-fired power plant and the controversies surrounding the proposal and the environmental review process.

Luke Cole, Brian E. Gray

Faculty Scholarship

No abstract provided.

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …

How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Since 1976, when the first environmental clinic was started at the University of Oregon’s law school, clinics have proliferated. Today, approximately one out of five law schools has an environmental clinic. With respect to clinics in general, the Association of American Law Schools Directory of Law Teachers lists “nearly 1400 full-time faculty teaching clinical courses.” Yet far from being an uncontroverted part of the academic landscape, clinics—particularly environmental clinics—have endured political blowback from challenging the environmentally destructive behavior of major economic interests. The effectiveness of environmental clinics is no greater than established environmental organizations—perhaps less effective given the length of …

"It's Not Easy Being Green": Local Initiatives, Preemption Problems, And The Market Participant Exception, Michael Burger

Sabin Center for Climate Change Law

This Article considers whether the market participant exception should be interpreted to exempt local climate change and sustainability initiatives from the "ceilings" imposed by existing environmental laws and pending federal climate change legislation. In the decades-long absence of federal action on climate change, local governments – along with the states – positioned themselves at the forefront of climate change and sustainability planning. In fact, state and local actions account for most of the nation's greenhouse gas reduction efforts to date. Yet, front-running localities are being limited by a preemption doctrine that fails to account for both the motives behind their …

2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Michael Schwartz was the honored guest.

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay F. Wiley

Georgetown Law Faculty Publications and Other Works

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

In Practice, V. 10, No. 1, Fall 2009

In Practice

No abstract provided.

Santa Clara Magazine, Volume 51 Number 2, Fall 2009, Santa Clara University

Santa Clara Magazine

16 - POLITICS AND RELIGION: STILL ON A COLLISION COURSE? An interview with Avraham Burg, former speaker of the Israeli Knesset. Plus excerpts from talks by E.J. Dionne Jr., Lisa Sowle Cahill '70, and Michael Eric Dyson.

20 - THE GULF OF WONDER By Emily Elrod '05. With a movie, Patrick McVeigh '78 offers investors a unique opportunity: Wake up the citizens of America and help them save one of the Seven Natural Wonders of the World. Plus, a 30 percent return.

24 - SEASON PREMIERE: "RESURRECTION" By Karen Crocker Snell. Forensic investigator Horatio Caine lies facedown in a pool …

Environmental Law At Maryland, No. 28, Fall 2009

Environmental Law at Maryland

No abstract provided.

Environmental Perspectives: Fall 2009, Environmental Law Program

Environmental and Energy Law Perspectives

No abstract provided.

Analyzing The Polluter Pays Principle Through Law And Economics, Boris N. Mamlyuk

Southeastern Environmental Law Journal

No abstract provided.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Faculty Scholarship

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.

Uwlaw, Fall 2009, Vol. 60

Alumni Magazines

No abstract provided.

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Works

No abstract provided.

The Advocate (Fall 2009)

The Advocate

No abstract provided.

Sustainable Commerce: Legal Overview And Case Studies, Peter A. Appel, T. Rick Irvin

Presentations and Speeches

No abstract provided.

A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg

Pace Law Review

No abstract provided.

Santa Clara Magazine, Volume 51 Number 1, Summer 2009, Santa Clara University

Santa Clara Magazine

14 - INAUGURATING PRESIDENT ENGH By Steven Boyd Saum. On the occasion, a ringing challenge from President Engh: Make SCU a champion for environmental justice. Read the speech and see the photos.

22 - SAVING BOUNTY By Elizabeth Svoboda. Our food-safety system is in shambles, but there are ways to make it work again. For one answer, look to your leafy greens.

28 - CAN WE SOLVE HUNGER IN OUR LIFETIME? BY Dashka Slater. Here are six ideas that, practiced together, will make a difference.

34 - ALTERNATIVE REALITY: "WORLD WITHOUT OIL" By Paul Totah '79. Alternate reality games can …