Digital Commons Network^™

Indigenous Peoples, The International Trend Toward Legal Personhood For Nature, And The United States, Hannah White

American Indian Law Review

No abstract provided.

Safe Harbors: The Many Benefits Of Marine Monuments And Sanctuaries, John F. Bruno, Whitley Saumweber, Larry B. Crowder, Linwood Pendleton, Stephen E. Roady, Tracy Rouleau, Miyoko Sakashita

Faculty Scholarship

The United States has been at the forefront of marine resource stewardship since the 1970s when Federal officials began to implement a series of national policies aimed at the conservation and management of public trust resources in the ocean. Beginning with the establishment of the National Oceanic and Atmospheric Administration in 1970, soon followed by several pieces of landmark legislation, this era marked the start of a continuing effort to integrate ecosystem science with marine resource management. Among the most important bipartisan legacies of this effort has been the steady expansion of marine managed areas in U.S. coastal and ocean …

2017 State Legislative Review, Adrienne Craig

Animal Law Review

No abstract provided.

The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd

Societies Without Borders

Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and Sudan, …

From 'Decolonized' To Reconciliation Research In Canada: Drawing From Indigenous Research Paradigms, Deborah Mcgregor

Articles & Book Chapters

When the Honorable Justice Murray Sinclair, Chair of the Truth and Reconciliation Commission (TRC) was asked the one message that non-Aboriginal Canadians can learn from the work of the TRC, he said “put the relationship back into balance”. Sinclair stressed that in order to achieve reconciliation and facilitate balance in the relationship we need to change the way non-Aboriginal people are educated about Aboriginal peoples. Justice Sinclair also stated that racism and colonialism are firmly embedded structurally, systemically and institutionally in Canada. This has to change. This paper will explore how the findings from the TRC can transform the theory …

Improving Maritime Surveillance In Kenya's Remote Coastal Islands : Application Of Renewable Energy Solutions, John Churchill Omondi

World Maritime University Dissertations

No abstract provided.

River Of Discontent: Argentina And Uruguay Before The International Court Of Justice, Brian Spiegel

Law and Business Review of the Americas

No abstract provided.

Conflict In Latin America Over Natural Resource Exploitation, Michelle Richard

Law and Business Review of the Americas

No abstract provided.

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that the …

Santa Clara Magazine, Volume 58 Number 4, Fall 2017, Santa Clara University

Santa Clara Magazine

18 - TIME FOR A BIG SHIFT We work and save for decades. And then what? A behavioral finance expert writes about the tough transition many face. By Meir Statman. Illustrations by Hanna Barczyk.

22 - WHAT WE OWE At the very least: stories that capture the contour of a life. A Pulitzer Prize– winning reporter on tales of human strife and resilience. By Tatiana Sanchez ’10.

28 - THE MOST IMPORTANT Lawsuit on the Planet It was first filed against the Obama administration and draws on decades of government records. It seeks no monetary damages. But advocates and critics …

Community Management And Governance Of Comatsa-Sud New Protected Area (Ambalamanasy Ii Commune), Allison Tennant

Independent Study Project (ISP) Collection

Community-based natural resource management is an increasingly more popular choice for governments to delegate power back to local communities to conserve the resources they rely on. In Madagascar, where much of the rural population provides for their livelihoods by using natural resources, this governance structure, in cooperation with delegated manager for assistance, presents an opportunity for economic development in cooperation with conservation efforts. This paper aims to better understand the role of community, NGO, and governmental actors in creating and executing community management structures. Through Participatory Rural Analysis and structured and semi-structured interviews, it explores what management transfers look like …

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.

Ethical Business Practice, Accountability, And Quality Assurance: Primary Drivers For Sustainable Tourism Development In Iceland, Abigail Harrison

Independent Study Project (ISP) Collection

The tourism industry in Iceland has grown exponentially in the last decade, causing changes to the natural landscape and drastically shifting revenue streams in the economy. This rapid growth coupled with the recent development of Iceland’s tourism industry makes it the perfect case study for how to effectively mitigate tourism influxes. This unprecedented rate of growth impels the creation of sustainability measures within this industry in order to ensure a lasting vision of Icelandic tourism in the future. Both the government and private sector have already begun to institute sustainability measures in society and in business. The primary aim of …

The Supreme Court: An Intentionist's Critique Of Non-Interpretive Review, William Gangi

The Catholic Lawyer

No abstract provided.

Eme Homer City Generation, L.P. V. E.P.A.: Restraining The Federal Government's Leadership Role In Stopping Interstate Air Pollution, Matt Jones

Oklahoma Journal of Law and Technology

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.

How To Enhance Interdisciplinary Competence—Interdisciplinary Problem-Based Learning Versus Interdisciplinary Project-Based Learning, Mirjam Brassler, Jan Dettmers

Interdisciplinary Journal of Problem-Based Learning

Interdisciplinary competence is important in academia for both employability and sustainable development. However, to date, there are no specific interdisciplinary education models and, naturally, no empirical studies to assess them. Since problem-based learning (PBL) and project-based learning (PjBL) are learning approaches that emphasize students’ collaboration, both pedagogies seem suitable to enhance students’ interdisciplinary competence. Based on the principle of constructive alignment and four instructional principles on interdisciplinary learning, this paper proposes that students profit more from interdisciplinary PBL (iPBL) than interdisciplinary PjBL (iPjBL). A pre-post study was conducted with a sample of 95 students participating in iPBL and 183 students …

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.

There’S Something Fishy In The Mediterranean: The Harmful Impact Of Overfishing On Biodiversity, Aarti Gupta

Duke Environmental Law & Policy Forum

No abstract provided.

Trespass By Pollution: Remedy By Mandatory Injunction, Anthony Z. Roisman, Alexander Wolff

Fordham Environmental Law Review

No abstract provided.

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley

Journal Articles

Information is critical for environmental governance. The rise of digital mapping has the potential to advance private-land conservation by assisting with conservation planning, monitoring, evaluation, and accountability. However, privacy concerns from private landowners and the capacity of conservation entities can influence efforts to track spatial data. We examine public access to geospatial data on conserved private lands and the reasons data are available or unavailable. We conduct a qualitative comparative case study based on analysis of maps, documents, and interviews. We compare four conservation programs involving different conservation tools: conservation easements (the growing but incomplete National Conservation Easement Database), regulatory …

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Respecting The “Guardians Of Nature:” Chile’S Violations Of The Diaguita Indigenous People’ Environmental And Human Rights And The Need To Enforce Obligations To Obtain Free, Prior, And Informed Consent, Cynthia Vel

American Indian Law Journal

No abstract provided.

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses …

Successes And Failures Of Federal Environmental Policy: Reviewing Federal Ecosystem Management And Federal Approaches To Environmental Justice, Brian W. Jewett, Heather E. Campbell

Tulsa Law Review

Reviewing: JAMES R. SKILLEN, FEDERAL ECOSYSTEM MANAGEMENT: ITS RISE, FALL, AND AFTERLIFE (UNIVERSITY PRESS OF KANSAS 2015); DAVID M. KONISKY, ED., FAILED PROMISES: EVALUATING THE FEDERAL GOVERNMENT’S RESPONSE TO ENVIRONMENTAL JUSTICE (THE MIT PRESS 2015).

Artificial Islands In The South China Sea, Aaron Holmes

OSRI Journal of Student Research and Innovation

The purpose of this study was to understand the value and implications of artificial islands constructed by the People's Republic of China (PRC) in the South China Sea. Qualitative analysis was used with the available literature, sources, and treaties of the topics concerned. The paper concludes that the PRC gains many benefits primarily within the realm of energy security and explores what effects they may

Enabling And Limiting Conditions Of Coastal Adaptation: Local Governments, Land Uses, And Legal Challenges, Jesse Reiblich, Lisa M. Wedding, Eric H. Hartge

Ocean and Coastal Law Journal

Rising seas combined with battering storms necessitate swift action from local governments charged with protecting their jurisdictions and constituents. Currently, there is a wealth of scientific data and predictive modeling information available to city planners and decision-makers, but there has been limited success in proactive coastal adaptation planning and implementation “on the ground.” Furthermore, while many adaptation options for dealing with coastal changes have been identified, there remains a disconnect between many of these strategies and how they fit into an adaptation framework and long-term planning processes for specific areas, and how legally or politically feasible they are. Particularly, the …

Truth And Reconciliation Commissions: A Needed Force In Alaska?, Heather Parker

Alaska Law Review

Truth and Reconciliation Commissions are official, temporary bodies used for communities to come to terms with past violence, promote education and awareness of historic trauma, and to provide recognition and closure for victims and successors. By bringing past issues to light, such commissions promote healing and allow these communities to move forward. Although the Commission on Truth and Reconciliation in South Africa after the Apartheid-era is best known, several similar commissions have been established throughout the globe and within the United States. This paper compares commissions from South Africa, El Salvador, South Korea, and Canada with those that have been …

Atole De Maíz Azul: Building Climate-Change Resilience With Local Knowledge/Food Sovereignty In Northern New Mexico, Katherine C.R. Dixon

Sustainability and Social Justice

The impacts of climate change in Northern New Mexico will cause a variation in seasonal precipitation and increased drought conditions. Northern New Mexico is home to numerous indigenous and rural-agricultural communities who rely on these water resources for subsistence and cultural practices. They are among the most vulnerable to the impacts of climate change.

This paper investigates the impacts of climate change to Northern New Mexico. It examines the role of participatory methods and local knowledge in building community resilience. This paper is informed primarily through secondary research, and also draws upon a series of personalized interviews from Northern New …