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On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams Jun 2023

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Call For The Legalization Of Two Sustainable Means Of Final Disposition In Ohio, Aimee Sheetz May 2023

A Call For The Legalization Of Two Sustainable Means Of Final Disposition In Ohio, Aimee Sheetz

Cleveland State Law Review

Several states currently have laws that allow for alkaline hydrolysis as an alternative to burial or cremation. A few states also allow for the composting of human remains. People are choosing these means of disposition for themselves and their loved ones due to environmental, financial, and societal reasons. Ohio currently does not allow either of these methods to be performed within the state. There have been attempts to legalize alkaline hydrolysis in Ohio. This Note calls for the legalization of both methods of disposition by including them in the Ohio Revised Code. This would provide clarity to the Ohio Board …


Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee May 2023

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …


A Path To Achieve European Energy Security, Nicholas Wolf May 2023

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …


The Santa Clara, 2023-05-05, Santa Clara University May 2023

The Santa Clara, 2023-05-05, Santa Clara University

The Santa Clara

No abstract provided.


Bisakah Alam Menjadi Subyek Hukum? Refleksi Atas Beberapa Pengalaman, Rian Adhivira Prabowo, Adi Seno, Fajar Ahmad Setiawan, Unu P. Herlambang, Edho R. Ermansyah, Gerry Pindonta Ginting May 2023

Bisakah Alam Menjadi Subyek Hukum? Refleksi Atas Beberapa Pengalaman, Rian Adhivira Prabowo, Adi Seno, Fajar Ahmad Setiawan, Unu P. Herlambang, Edho R. Ermansyah, Gerry Pindonta Ginting

Jurnal Hukum & Pembangunan

This paper discusses three legal precedents regarding the legal personhood of nature in three countries; Ecuador, New Zealand, and India. Each country has recognized some natural areas as legal persons through different means. In Ecuador, the rights of nature, which resemble legal personhood of the nature, are recognized in the 2008 Amendment of Ecuador Constitution. Meanwhile, New Zealand has recognized the legal personhood of Whanganui River through legislated settlement treaty between the government and Maori peoples. Whereas in India, the rivers of Ganges and Yamuna have been recognized its legal personhood through the Uttarakhand High Court’s decisions. These three legal …


Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young May 2023

Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young

Dalhousie Law Journal

A reckoning is required on how Eurocentric laws and economic systems are biased toward Western worldviews while not accounting for Indigenous realities, legal orders, or economic perspectives. Most notably, Eurocentric laws have been instrumental in advancing non-Indigenous economic interests to the detriment of Indigenous interests, largely because Indigenous laws have not been respected. The strengthening of certain Eurocentric property and contract laws have limited Indigenous peoples’ legal and economic interests and continues to constrain positive economic outcomes and advancement for Indigenous nations. This article argues that re-centering Indigenous legal traditions is a means to advance Indigenous economic interests. The principle …


Prefatory Matter Apr 2023

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy Apr 2023

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations April 20-21, 2023, Roger Williams University School Of Law Marine Affairs Institute, The Nature Conservancy

School of Law Conferences, Lectures & Events

No abstract provided.


Santa Clara Magazine, Volume 64 Number 1 Spring 2023 [Print Issue 62:2], Santa Clara University Apr 2023

Santa Clara Magazine, Volume 64 Number 1 Spring 2023 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

16 - A BRIDGE TO TOMORROW How one university can change the world when it widens the path to opportunity. SCU Staff

22 - THE INTERNET'S LAST TRUE BELIEVER For more than two decades, Law Professor Eric Goldman has been one of the most influential legal voices fighting for the ’net. Chris O’Brien

26 - OPPORTUNITY ON SET Meet five Broncos who scored the opportunity of a lifetime—production assistants on an indie film crew—via Professor Nico Opper. Nicole Calande

28 - SPIRITUAL SOUP With a little bit of this, a dash of that, and a sprinkling of something else, humans …


Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law Apr 2023

Marine Law Symposium: Can Offshore Wind Development Have A Net Positive Impact On Biodiversity? Regulatory And Scientific Perspectives And Considerations, April 20-21, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez Apr 2023

Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez

Honors Program: Senior Projects (Public)

In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.


Prefatory Matter Mar 2023

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Environmental Justice From The Ground(Water) Up: Coping With Contamination In Tallevast, Florida, Grey W. Caballero Mar 2023

Environmental Justice From The Ground(Water) Up: Coping With Contamination In Tallevast, Florida, Grey W. Caballero

USF Tampa Graduate Theses and Dissertations

How do communities living with chronic environmental contamination cope with the social, political, and economic impacts of the contamination? This research employs a community-engaged oral history approach with participant observation and archival research to address this question. We focus on the case of Tallevast, Florida, where the local groundwater has been contaminated with chlorinated solvents for over 60 years and where cleanup is estimated to take another 100 years. In addition to concerns about health and wellness, we find that residents are also concerned about household displacement and the disruption of social networks, failed governance at the local and state …


A Constitutional Right To Early Voting, David Schultz Mar 2023

A Constitutional Right To Early Voting, David Schultz

Fordham Law Voting Rights and Democracy Forum

Voting is a cost-benefit decision. Individuals are more likely to vote if the benefits of doing so outweigh the disadvantages. With early voting laws eased due to the COVID-19 pandemic, the 2020 election demonstrated that turnout increases when elected officials reduce voting costs. Despite all the benefits of early voting, there is no constitutional right, and it remains a privilege that state legislatures can revoke at will.

Since the 2020 election, state legislatures have proposed—and enacted—hundreds of bills to change voting rules. But with the intense partisan disagreement over voting, coupled with political polarization reaching an apex, these acts restricting …


Towards Meaningful Research And Engagement: Indigenous Knowledge Systems And Great Lakes Governance, Deborah Mcgregor, Nicole Latulippe, Rod Whitlow, Kristi Leora Gansworth, Lorrilee Mcgregor, Stephanie Allen Mar 2023

Towards Meaningful Research And Engagement: Indigenous Knowledge Systems And Great Lakes Governance, Deborah Mcgregor, Nicole Latulippe, Rod Whitlow, Kristi Leora Gansworth, Lorrilee Mcgregor, Stephanie Allen

Articles & Book Chapters

For thousands of years, Indigenous peoples governed their relations in the Great Lakes region, guided by distinct political, legal, governance, and knowledge systems. Despite historic and ongoing exclusion of Indigenous peoples from Great Lakes governance in the Canadian context and other assaults on Indigenous sovereignty, authority, jurisdiction and responsibilities, Indigenous peoples have maintained their relationships with the Great Lakes. In recent years, Indigenous knowledge systems (IKS) have made inroads in Great Lakes governance, thanks primarily to First Nation political advocacy. However, it remains a challenge to include Indigenous knowledge and implement approaches that bridge Indigenous and Western ways of knowing. …


Blockchains As Infrastructure And Semicommons, James Grimmelmann, A. Jason Windawi Mar 2023

Blockchains As Infrastructure And Semicommons, James Grimmelmann, A. Jason Windawi

William & Mary Law Review

Blockchains are not self-executing machines. They are resource systems designed by people, maintained by people, and governed by people. Their technical protocols help to solve some difficult problems in shared resource management, but behind those protocols there are always communities of people struggling with familiar challenges in governing their provision and use of common infrastructure.

In this Article, we describe blockchains as shared, distributed transactional ledgers using two frameworks from commons theory. Brett Frischmann’s theory of infrastructure provides an external view, showing how blockchains provide useful, generic infrastructure for recording transactions and why that infrastructure is most naturally made available …


Legal Geographies, Caroline Griffith, Sarah Klosterkamp, Alida Cantor, Austin Kocher Feb 2023

Legal Geographies, Caroline Griffith, Sarah Klosterkamp, Alida Cantor, Austin Kocher

Geography Faculty Publications and Presentations

This encyclopedia entry defines and discusses legal geography. Legal geography is an interdisciplinary area of scholarship that focuses on the intersections and co-constitution between law and space and place: that is, how law and legal processes produce space/place, and how particular places in turn influence law. Rather than thinking of law as an abstract, universal, a-spatial set of rules, legal geography examines the ways in which law is situated in place, and how places are shaped by legal practices and processes.


The Crime Of Noise Pollution In Accordance With The Legislation In Force In Palestine. “Comparative Analytical Study”, Mohammad Abd Ell Fattah Shtayah Feb 2023

The Crime Of Noise Pollution In Accordance With The Legislation In Force In Palestine. “Comparative Analytical Study”, Mohammad Abd Ell Fattah Shtayah

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

One of the most serious types of pollution affecting the Palestinian environment is the crime of noise pollution, the aim of which is to identify this crime in terms of its nature and impact on human health, its legal construction and the resulting sanctions. The researcher used the descriptive and analytical methods, supporting the examination of the decisions of the courts of cassation, and reached a number of conclusions: The crime of noise pollution is a crime of danger, and Palestinian environmental law does not specify noise levels. It is also difficult to account for and determine the conduct that …


Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan Feb 2023

Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan

CAFE Symposium 2023

Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …


An Expedition To Public Lands, Matthew B. Olsen Feb 2023

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.


Rock Climbers, Public Outrage, And Deliberate Fires: An Expedition To Public Lands On The East Coast, Kat Manchester Feb 2023

Rock Climbers, Public Outrage, And Deliberate Fires: An Expedition To Public Lands On The East Coast, Kat Manchester

CAFE Symposium 2023

Many are familiar with national public lands like national parks, forests, and monuments. But people are often unaware of the complex histories of these lands and the current problems facing their management. This project focuses on various public lands on the East Coast, including the Wayne National Forest, New River Gorge National Park, and the Monongahela National Forest. This poster examines the history of these lands, how they are viewed conceptually, and the managerial challenges currently facing them.


An Expedition To The Public Lands: Public Lands Of The Mid-Atlantic Region, Madeleine G. Ulman Feb 2023

An Expedition To The Public Lands: Public Lands Of The Mid-Atlantic Region, Madeleine G. Ulman

CAFE Symposium 2023

This hypothetical "expedition" explores the complex history and managerial challenges of four different public lands in the Mid-Atlantic region: Pinelands National Reserve, Assateague Island National Seashore, Shenandoah National Park, and Monongahela National Forest. Additionally, the conceptual ideas of nature as commodity and nature as static or unpeopled in the context of public lands will be discussed in this expedition.


Defining Interim Storage Of Nuclear Waste, Max Johnson Jan 2023

Defining Interim Storage Of Nuclear Waste, Max Johnson

Northwestern University Law Review

Nuclear power may be humanity’s best hope to curb climate-altering greenhouse gas emissions. But public fear of its dangers, including the toxicity of nuclear waste, undermines its expansion. To provide for more effective waste disposal, in 2021 and 2022 the Nuclear Regulatory Commission (NRC) recommended licensing two privately-owned nuclear waste storage facilities—called Consolidated Interim Storage Facilities (CISFs)—to be built in New Mexico and in Texas. Both states vehemently oppose the construction and operation of these facilities: legislators in both states have proposed state laws opposing them, and both states have sued the NRC challenging the legality of the facilities’ licensure. …


Developing Ecological Security Pattern For Coastal Wetlands Based On “Three-Line Integration” Spatial Strategy, Xiaowen Li, Liehui Zhi, Tiantian Ma, Zengli Liu, Baoshan Cui, Dongdong Shao, Yu Cao, Yonglin Mu Jan 2023

Developing Ecological Security Pattern For Coastal Wetlands Based On “Three-Line Integration” Spatial Strategy, Xiaowen Li, Liehui Zhi, Tiantian Ma, Zengli Liu, Baoshan Cui, Dongdong Shao, Yu Cao, Yonglin Mu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Coastal wetlands function as key socioeconomic resources as well as ecological barriers for sustainable development in coastal regions. Although previous research and practices indicate that restoration of degraded wetlands needs combination with intact natural wetlands to achieve best integrated ecosystem services, this kind of integration is still lacking both in research and practice. In the past decades, increased land reclamation coupling with climate change (e.g. sea level rise) have led considerable coastal squeeze effects and intensified degradation and loss in coastal wetlands along Chinese coastline, restoration of damaged coastal wetlands is therefore urgently needed to enhance the overall ecological functions …


Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton Jan 2023

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …


Prefatory Matter Jan 2023

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Beyond All Drought: Improving Urban Water Conservation In The West Through Integrative Water And Land Use Policy, Benjamin Longbottom, Alexandria Gordon Jan 2023

Beyond All Drought: Improving Urban Water Conservation In The West Through Integrative Water And Land Use Policy, Benjamin Longbottom, Alexandria Gordon

Natural Resources Journal

Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other states, however, water and land use policies are lagging decades behind. Improving water security in western cities is an enormous task, requiring extensive social, legal, and policy reform. Additional federal funding for western water security initiatives could do much to drive that reform, but state and local governments should also play a leading …


A Wrong Turn With The Rights Of Nature Movement, Noah M. Sachs Jan 2023

A Wrong Turn With The Rights Of Nature Movement, Noah M. Sachs

Law Faculty Publications

Environmentalists have long dreamed of granting enforceable legal rights to nature, and their vision has recently become reality. Governments in the United States and abroad are enacting Rights of Nature laws, and many scholars have championed this burgeoning movement as one of the best hopes for preserving the environment.

Legal rights for nature seem visionary, but policymakers and scholars are overlooking considerable problems with this approach. This Article spotlights these problems, including the vague and incoherent content of nature’s rights, the difficulty of defining the boundaries of natural entities, the absence of limiting principles for the rights, and the legislation’s …


Attracting Investors: How The Partnership For Global Infrastructure And Investments Can Encourage Private Investment In Low- And Middle-Income Nations Infrastructure Projects Through The Creation And Use Of Project Preparation Facilities., Donald Irons Jan 2023

Attracting Investors: How The Partnership For Global Infrastructure And Investments Can Encourage Private Investment In Low- And Middle-Income Nations Infrastructure Projects Through The Creation And Use Of Project Preparation Facilities., Donald Irons

Student Works

No abstract provided.