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There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford Dec 2019

There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford

Student Theses 2015-Present

This report addresses the widespread pollution of domestic groundwater resources with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) caused by firefighting activities performed at military installations across the United States. Two former military bases in Southeastern Pennsylvania are used as a single case study: the Naval Air Development Center (NADC) in Warminster and the Naval Air Station Joint Reserve Base (NASJRB) in Horsham. Chapter 1 gives a history of domestic military bases from the perspective of the infrastructure buildup and downsizing that occurred over the 20th Century, along with the environmental degradation revealed during brownfield redevelopment. The chapter then gives specifics about …


Senior Day December 2019, University Of Michigan Law School Dec 2019

Senior Day December 2019, University Of Michigan Law School

Commencement and Honors Materials

Program for the December 20, 2019 Senior Day ceremonies.


Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert Dec 2019

Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert

Mitchell Hamline Law Review

No abstract provided.


Federal Environmental Exemptions For Natural Disasters And The Case For Ecosystem Resilience, Morgan Drake Nov 2019

Federal Environmental Exemptions For Natural Disasters And The Case For Ecosystem Resilience, Morgan Drake

Brigham Young University Journal of Public Law

No abstract provided.


Corporate Constituents: Corporations Have More Influence On The Federal Government Than Real People Under Current U.S. Campaign Finance Regulations, Colin Schoell Oct 2019

Corporate Constituents: Corporations Have More Influence On The Federal Government Than Real People Under Current U.S. Campaign Finance Regulations, Colin Schoell

UC Law Constitutional Quarterly

No abstract provided.


A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell Oct 2019

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …


Everything You Ever Wanted To Know About The Law Library (But Were Afraid To Ask), Heather Simmons, Rachel S. Evans, Marie Mize, Szilvia Somodi Sep 2019

Everything You Ever Wanted To Know About The Law Library (But Were Afraid To Ask), Heather Simmons, Rachel S. Evans, Marie Mize, Szilvia Somodi

Presentations

There's more to the library than books and a pretty view! Come learn about the useful and not-so-obvious services the law library has to offer. Topics covered will include:

  • Navigating the library facility, browsing the shelves by subject, and emergency prep info
  • Other items (other than books!) that are available for checkout
  • How to find and request items in Course Reserves or through Interlibrary Loan
  • How to search GAVEL (the library catalog) and use subject headings to discover related items by topic
  • What our most popular databases are (other than Westlaw and Lexis Nexis) and how to use our A …


Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein Sep 2019

Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein

Journal Articles

Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …


Putting The Pieces Of The Puzzle Together: The Natural Gas Pipeline Approval Process Is A Procedural Jigsaw, Victoria Mazzola Sep 2019

Putting The Pieces Of The Puzzle Together: The Natural Gas Pipeline Approval Process Is A Procedural Jigsaw, Victoria Mazzola

Villanova Law Review (1956 - )

No abstract provided.


Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas Sep 2019

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation …


Establishing An “Injury-In-Fact” Through Valuations Of Ecosystem Services: Putting It In Terms Federal Courts Understand, Allie Jo Mitchell Aug 2019

Establishing An “Injury-In-Fact” Through Valuations Of Ecosystem Services: Putting It In Terms Federal Courts Understand, Allie Jo Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.


Offshore Wind: Lessons From Abroad, Taylor J. Lemay Aug 2019

Offshore Wind: Lessons From Abroad, Taylor J. Lemay

LSU Journal of Energy Law and Resources

No abstract provided.


Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham Aug 2019

Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham

Articles & Book Chapters

Indigenous peoples around the world are concerned about the long-term impacts of industrial activities and natural resource extraction projects on their traditional territories. Environmental impact studies, environmental risk assessments (EAs), and risk management protocols are offered as tools that can address some of these concerns. However, these tools are not universally required in jurisdictions, and this Forum intervention considers whether these technical tools might be reshaped to integrate Indigenous communities’ interests, with specific attention to traditional knowledge. Challenges include unrealistic timelines to evaluate proposed projects, community capacity, inadequate understanding of Indigenous communities, and ineffective communicatio, all of which contribute to …


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien Aug 2019

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Elisabeth Haub School of Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, …


Santa Clara Magazine, Volume 60 Number 4, Summer 2019, Santa Clara University Jul 2019

Santa Clara Magazine, Volume 60 Number 4, Summer 2019, Santa Clara University

Santa Clara Magazine

16 - PROTECTING THE HEART To grow the campus, we must care for the thing unchanging at its center—its Mission. Take a journey through the restoration of Mission Santa Clara de Asís. By Lander Eicholzer ’19.

22 - A LOBBY FOR JUSTICE What do you do when it is impossible for the innocent to prove their innocence? Change the law. The Northern California Innocence Project teamed up with state lawmakers and others to do just that. By Deborah Lohse.

26 - FINDING CENTER Outgoing Frank Sinatra Chair in the Performing Arts Taye Diggs reflects on celebrating who are you, where …


Santa Clara Magazine, Volume 60 Number 3, Summer 2019, Santa Clara University Jul 2019

Santa Clara Magazine, Volume 60 Number 3, Summer 2019, Santa Clara University

Santa Clara Magazine

16 - PROTECTING THE HEART To grow the campus, we must care for the thing unchanging at its center—its Mission. Take a journey through the restoration of Mission Santa Clara de Asís. By Lander Eicholzer ’19.

22 - A LOBBY FOR JUSTICE What do you do when it is impossible for the innocent to prove their innocence? Change the law. The Northern California Innocence Project teamed up with state lawmakers and others to do just that. By Deborah Lohse.

26 - FINDING CENTER Outgoing Frank Sinatra Chair in the Performing Arts Taye Diggs reflects on celebrating who are you, where …


Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr. Jun 2019

Dealing With Climate Change Under The National Environmental Policy Act, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

The National Environmental Policy Act (NEPA) was an important environmental law for several decades before climate change became an issue of concern. Beginning in the 1990s efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality. However, implementation at the agency level has been uneven. Some Federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not been …


Teacher Perceptions Of Environmental Science In Rural Northwestern New Mexico Public Schools, Marie Quiahuitl Julienne May 2019

Teacher Perceptions Of Environmental Science In Rural Northwestern New Mexico Public Schools, Marie Quiahuitl Julienne

Organization, Information and Learning Sciences ETDs

In this study, I explored what teachers perceive as the factors that impact their teaching of environmental science in rural secondary level schools in northwestern New Mexico. I adapted Bronfenbrenner’s (1994) ecological systems model, based on four environmental subsystem levels (microsystem, mesosystem, exosystem, and macrosystem), as the conceptual framework to address the major research question of this study, and developed 18 interview questions to explore teachers’ perceptions of factors that influence their teaching of environmental science. I investigated the perspectives science teachers have about environmental science topics and the influences they perceive that affect how they teach environmental science, and …


The Santa Clara, 2019-05-02, Santa Clara University May 2019

The Santa Clara, 2019-05-02, Santa Clara University

The Santa Clara

No abstract provided.


Panel 3 – “Lasting” And Closing Remarks, Summer Quintana, Brie Sherwin, Keith Hirokawa, Mike Woodard, Heather Keefer, Kyle Medin May 2019

Panel 3 – “Lasting” And Closing Remarks, Summer Quintana, Brie Sherwin, Keith Hirokawa, Mike Woodard, Heather Keefer, Kyle Medin

Duke Environmental Law & Policy Forum

No abstract provided.


The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl May 2019

The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl

Utah Law Review

It is incredibly difficult to imagine an event the likes of which humans have never seen before. That, in and of itself, renders the challenge to prepare for such an event even more difficult because there is no frame of reference pushing us to act. How do you prepare to avoid something which has never occurred in the history of human occupation? That is the challenge of climate change.

I argue that the Subprime Mortgage Crisis and its aftermath parallel the Climate Crisis in critical ways that should inform our tactics. Of course, there are obvious critical differences as well. …


Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett May 2019

Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett

Book Chapters

Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …


Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski May 2019

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …


Transnational Business Governance Interactions, Regulatory Quality And Marginalized Actors: An Introduction, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott Apr 2019

Transnational Business Governance Interactions, Regulatory Quality And Marginalized Actors: An Introduction, Stepan Wood, Errol Meidinger, Burkard Eberlein, Rebecca Schmidt, Kenneth W. Abbott

All Faculty Publications

In what circumstances can transnational business governance interactions (TBGIs)—the myriad overlaps, intersections, conflicts, collisions and synergies amongst the actors and institutions involved in transnational regulation of business activity—be harnessed to enhance the quality of transnational regulation and advance the interests of marginalized actors? This chapter introduces the concept of transnational business governance interactions (TBGIs), summarizes the TBGI analytical framework and defines regulatory quality and marginalized actors. It proposes to investigate the relationship between TBGIs, regulatory quality and marginalized actors at three levels: regulatory capacities, outputs and outcomes. The chapter presents the plan of the book and summarizes the key messages …


British Government Information Resources, Bert Chapman Apr 2019

British Government Information Resources, Bert Chapman

Libraries Faculty and Staff Creative Materials

Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of House …


Amicus (Spring 2019), University Of Colorado Law School Apr 2019

Amicus (Spring 2019), University Of Colorado Law School

Amicus

Issue at a glance:

  • Features Associate Professor Harry Surden's path-breaking work on artificial intelligence and the law
  • Spotlights the Maya Land Rights and Development Project, where students and pro bono attorneys work with Belizean indigenous organizations to secure Maya customary land tenure and promote sustainable economic development opportunities for Maya communities
  • Highlights the Governmental Entrepreneurial Leadership Accelerator
  • Features Colorado Law alumni working in the field of human rights
  • Announces the Getches-Wilkinson Center's Fellows Program
  • Recognizes milestones and successes of Colorado Law alumni


Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White Apr 2019

Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White

Independent Study Project (ISP) Collection

When discussing the issue of political autonomy, the usual topics that are taken into consideration are based around human rights, language, culture, society or economics. Those are the most commonly discussed for good reason, as they are important for the rights and freedoms of a community itself. However, this research paper aims to investigate further into the discussion of the environmental effects of political autonomy in Spain, specifically in the matter of autonomous competencies for waterway and air management. Therefore, in order to test such a hypothesis, this study will use the Basque Country of Spain as the subject, and …


Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson Apr 2019

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …


How The U.S. Supreme Court Deemed The Workers' Compensation Grand Bargain "Adequate" Without Defining Adequacy, Michael Duff Mar 2019

How The U.S. Supreme Court Deemed The Workers' Compensation Grand Bargain "Adequate" Without Defining Adequacy, Michael Duff

Tulsa Law Review

“During the second and third decades of the twentieth century, the U. S. Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation and the National Association of Manufacturers, of European workers’ compensation systems during the first decade of the twentieth century. Some of those systems had been in existence since the 1870s and 1880s, and many employers preferred them to newly-emerging American employer liability statutes that retained …


Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt Mar 2019

Food Waste Legislation Scholarship: A Mapping Study, Angela Hackstadt

University Libraries Faculty Scholarship

The purpose of this study is to examine research activity on food waste legislation published in law journals to identify top sources and experts cited by recent scholarship. Searches for "food loss" and "food waste" were conducted in three legal research databases for law journal articles published between January 2013 and January 2018. The core list of selected articles consists of 13 law journal articles. The citations from each of the core articles were collected to form a database, which was analyzed to determine what kinds of resources legal scholars rely on when conducting research in food waste legislation. Government …