Digital Commons Network^™

Assessing The Post-Purdue Landscape Of Consensual Third-Party Releases Through Contract Law, Kaori Nagase

American University Law Review

In Harrington v. Purdue Pharma L.P., the Supreme Court invalidated non-consensual third-party releases in Chapter 11 bankruptcy plans. In doing so, however, the Court left open the question of what constitutes valid consent to a release. This Comment argues that lower courts must now require a higher threshold of affirmative consent—particularly in mass-tort bankruptcies involving highly culpable non-debtors. In light of Purdue’s implication that third-party releases are anchored in contract law principles, this Comment suggests that courts should evaluate what constitutes adequate consideration for a release.

Anti-Democratic Rights Of Nature, Noah M. Sachs

Law Faculty Publications

The global Rights of Nature (RoN) movement, which seeks to confer enforceable rights on organisms and ecosystems, has become a political force, and governments are now codifying legal rights for nature in legislation. But policymakers and legal scholars are overlooking how assertions of vague rights held by a limitless class of non-humans could lead to repressive, anti-democratic outcomes. Many scholars view recognition of nature’s rights as an expansion of the boundaries of democracy, but a critical examination of RoN scholarship and advocacy shows that RoN principles are designed to check and constrain democratic institutions. Core tenets of the RoN movement …

Three Essays On Sustainability Economics, Hélène Flore Nguemgaing

Graduate Theses, Dissertations, and Problem Reports (ETD)

As global economies face increasing resource dependencies and supply chain challenges, it becomes essential to understand the vulnerabilities that threaten economic stability. This dissertation investigates three empirical issues in agribusiness and critical minerals using econometric models to estimate the following: 1) the impact of supply chain disruptions on stock market returns during COVID-19; 2) the extraction of rare earth elements from acid mine drainage treatment by investigating the impacts of ownership and legislation in West Virginia and Pennsylvania; 3) China-to�FOBb (Free-on-Board) price transmission in rare earth elements markets: a copula-based dynamic tail dependence analysis.

The first essay evaluates how events …

Effects Of Round-Up On The Environment, Sandra J. Marcu

Journal of Earth and Life Science

Many people around the world have used and still currently use Roundup but are unaware of the effects it has on the environment. Roundup is a spray on application weedkiller that is widely used around the world today both residentially and commercially. It enables its user to grow a garden or a field of crops with a no-tilling approach to eliminate weeds. It is a well-known and popular choice for killing weeds that has been around since the mid 1970’s (Oca, 2017). John Franz, a Monsanto scientist discovered that glyphosate (main ingredient in Roundup) was an herbicide or weedkiller, and …

The Effectiveness Of The Minnesota Buffer Law And Its Impacts On People, Ellen P. Isakson

Journal of Earth and Life Science

In January 2015, the then-governor of Minnesota Mark Dayton announced new legislation that would require 50-foot vegetation buffers along all waterways in Minnesota; this legislation would come to be known as the Minnesota buffer law, exact requirements being “perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches” (Albert, 2017; MN Board of Water and Soil Resources [MN BWSR] 4 ). A buffer in the context of vegetation and natural resource management is a strip of vegetation around a body of water “designed to intercept stormwater runoff and minimize soil …

The Laboratory Of Repair: Testing California’S Right To Repair Law In The Post-Analytical Phase, John Wilson

Marquette Intellectual Property & Innovation Law Review

None.

Landscape Intactness As A Necessary Component Of Multiple-Use And Sustained-Yield Management Of Bureau Of Land Management Public Lands, Matthew S. Dietz, Alison C. Flint, R. Travis Belote

Colorado Environmental Law Journal

No abstract provided.

Interrogating Marine Plastics Pollution Regulations: The Intended Roles Of The Global Plastics Treaty, Ndubuisi Augustine Nwafor

Colorado Environmental Law Journal

No abstract provided.

Equity Along The Yellowstone, Jason Anthony Robison

University of Colorado Law Review

No abstract provided.

A Critical Juncture: The Convergence Of Natural Resource Management And Tribal Sovereignty, Anna Aleta Butterfield

Graduate Student Portfolios, Professional Papers, and Capstone Projects

This portfolio reflects the work I’ve done in my four years as a dual degree student, pursuing a Master of Science in Environmental Studies and a juris doctorate degree, and focuses on policies and laws surrounding natural resource management. It touches on how those policies relate to and expand or constrict the exercise of sovereignty by indigenous populations.

This piece first considers the effects of plastic on salmon populations and those indigenous groups that rely on salmon for subsistence and cultural purposes. The remaining three pieces focus on various aspects of the Confederated Salish and Kootenai Tribes - Montana Water …

Cretaceous Calamity: Are Dinosaur Fossils Part Of The Surface Or Mineral Estate, And Why South Dakota Courts Should Adopt The Murray Test?, Cody Hodge

South Dakota Law Review

When dinosaur fossils are discovered, they often mystify the public by providing snapshots of a bygone age. However, the public is seldom exposed to the legal battles that occur behind the scenes regarding fossil ownership. Legal disputes over dinosaur fossils often occur after the mineral rights to a property have been severed from the rest of the property, often achieved via a mineral deed. At the time of severing the mineral from the surface estate, parties to a mineral deed rarely contemplate who should take ownership of dinosaur fossils should they be discovered. When complete specimens of rare species are …

New Jersey's Mitigation And Adaptation To Climate Change: An Economic Analysis Of The State's Societal Benefits Charge And Community Solar Energy Program, Nicole S. Provost

Theses, Dissertations and Culminating Projects

Understanding the current trajectory of New Jersey’s emissions and the existing legislation and programs implemented to help reduce emissions, it is evident that the State requires further actions to spur heightened emission reductions to reach its goals. One known impactful policy that could significantly accelerate this process is a carbon tax, which applies to emission-intensive goods. Although this policy does not currently exist in New Jersey, the State has a Societal Benefits Charge (SBC) that applies an approximate 3% charge to electricity and gas consumption on residential and commercial utility customers’ monthly energy bills, where revenues fund programs that offer …

The Social Cost Of Plastic To The United States, Nancy Lauer, Tibor Vegh, Michelle Nowlin, John Virdin, Jason Somarelli

Faculty Scholarship

No abstract provided.

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Toward A Broader Theocentric Environmentalism, Melvin L. Otey

Duke Environmental Law & Policy Forum

No abstract provided.

The Fashion Regulation Fight, Eliot L. Force

Capstones

Fast fashion is a rising global phenomenon with terrible consequences for the environment and laborers across the world. In the US, fashion-specific environmental and labor regulation is practically non-existent at the federal level, but some individual states have begun proposing fashion regulation bills with the aim of curbing the industry’s harms. But in every state where these regulations have been proposed, powerful industry trade groups and companies have been fighting back against those proposed regulations, with much success, through lobbying. As climate change gets worse and the fashion industry’s practices remain unchanged, the need for regulation only becomes greater, but …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Exploring Keebet Von Benda-Beckmann's Legal Pluralism In Slum Transformation: An Ethnographic Study Of Urban Revitalization In Indonesia, Imam Koeswahyono, Diah Pawestri Maharani, Nadyah Maylika Rahmawati, Ika Ismudyahwati

The Indonesian Journal of Socio-Legal Studies

Slum areas in Indonesia present a significant challenge, with government programs such as the National Slum Upgrading Program (NSUP) aiming to address urban poverty and improve living conditions. Despite the implementation of formal policies, the interplay between legal frameworks and local practices often determines the success of such initiatives. Drawing on Keebet von Benda-Beckmann’s theory of legal pluralism, this research examines the transformation of slums into productive and sustainable zones, focusing on Kampung Jodipan, Kampung Heritage Kajoetangan, and Kampung Kreatif Dago Pojok. These case studies reveal how formal legal systems interact with informal norms and community-driven practices in achieving urban …

Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

Data and information exchange plays a crucial role in fostering water cooperation between the riparian nations of a shared watercourse. Taking an integrated approach combining Discourse Analysis and Document Analysis, this research aims at elucidating the challenges and the potential opportunities of data and information exchange on the Helmand River, a drought-stricken river basin shared between upstream Afghanistan and downstream Iran. Drawing on the Theory of Planned Behavior (TPB), we offer nuanced perspectives on the data exchange model developed by Wehn. We argue that there are other underlying and essential elements that hinder the meaningful engagement of the riparian nations …

Rwu Law Alumni Newsletter November 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Santa Clara Magazine, Volume 65 Number 2, Fall 2024 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

12 - INCREASING ACCESS Discerning one’s dream requires a whole set of experiences based on community, opportunity, and, yes, cash. Leslie Griffy

16 - UNPACKING UTOPIA It seems like billionaire-backed utopias are popping up all over the map. What does it take to build a perfect city? Lauren Loftus

22 - A WEALTH OF WELL-BEING In his new book, Professor Meir Statman explores a holistic approach to financial and life well-being. Leslie Griffy

26 - A WOMAN'S PLACE Despite being denied access to the priesthood, Catholic women find new ways to lead. Leslie Griffy

Rights Of Nature: The Indigenous-Led Movement For Sovereignty And A Sustainable Future, Kathryn Schug, Ted Gordon

The Journal of Social Encounters

The rights of nature movement works to grant legal rights to beings other than humans. Led by Indigenous communities across the globe, the movement is grounded in commonly shared Indigenous beliefs that regard non-human beings as are our relatives and as deserving of the same legal rights as humans. Grounded in Indigenous worldviews, the rights of nature movement pursues the twin goals of creating an environmentally sustainable future and enshrining legal protections for Indigenous values and practices. This article explores how the White Earth Nation, a federally recognized Ojibwe tribal government in Minnesota became the first in the United States …

Gender Conscious Labor Environmentalism, Chaumtoli Huq

Hofstra Labor & Employment Law Journal

Drawing primarily from the internationally recognized human right to a clean, healthy and sustainable environment, ("right to a healthy environment") as well as related international environmental and economic human rights laws, this Article makes three critical moves towards theorizing a gender conscious approach to labor environmentalism. First, this Article demonstrates through four cases studies from Bangladesh, that global and national labor movements can effectively address the root causes of labor rights violations, specifically around health and safety by deploying and mobilizing around the recently passed international right to a healthy environment. Second, the right to a healthy environment offers a …

The Chronic Growing Problem: Environmental And Social Justice Concerns With Indoor Cannabis Grows, Gina S. Warren

Cardozo Law Review

The rapid legalization of recreational marijuana across states has created environmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social consequences. Indoor cultivation facilities require massive energy inputs, resulting in grid strain, pollution, and an increase in greenhouse gas emissions. Moreover, the placement of these facilities often occurs in historically marginalized low-income communities, furthering environmental injustice and social harms, as these areas are disproportionately affected by the pollutants emitted from the cultivation processes, such as molds, bacteria, …

We're Swarming Again! Swarming, Collectivity, And Trope: The Case Of Extinction Rebellion, Tyler J. Behymer

Department of Communication Studies: Dissertations, Theses, and Student Research

This thesis explores the rhetoric of the eco-movement Extinction Rebellion, focusing on the use of swarming and nature tropes to mobilize collective action and revivify contemporary notions of collectivity. Drawing on rhetoric of social movement scholarship, cultural studies, and psychoanalysis, this essay theorizes swarming as a tropological economy that expands the conditions of propriety in the context of collectivity. Through an analysis of Extinction Rebellion’s discourse, this study demonstrates how the naturalization of swarming tropes works in various ways to rewild conventional political discourse, galvanize disruptive collective assembly, and challenge green neoliberalism.

Advisor: Casey Ryan Kelly

An Interdisciplinary Analysis Of Freshwater Wetlands With A Focus On Ecosystem Functions And Services, Michael Viteritto

Theses, Dissertations and Culminating Projects

Wetlands are one of the most productive ecosystems on Earth, though they only occupy a very small portion of the planet’s surface. They are highly sensitive ecosystems that have been undergoing an extended period of loss because of anthropogenic stress. Freshwater wetlands number among the most numerous on the planet, and in the United States they make up the overwhelming majority of wetland area. Geographically isolated wetlands (GIWs) are not directly connected to other surface water in a watershed. Freshwater wetlands provide a number of beneficial ecosystem services including climate control, erosion protection, nutrient removal and storage, flood control, food …

Climate Change Refugees: Striving For An Established Definition For Broader And Better Management, Ayub Torry Satriyo Kusumo, Anugerah Adiastuti

Indonesian Journal of International Law

According to the Inter-governmental Panel for Climate Change (IPCC) 2021, The increase in global warming has accelerated the pace at which glaciers melt, thereby leading to a mass migration of people. The United Nations High Commissioner for Refugees (UNHCR) reported that approximately 21.5 million people migrated to more decent places due to climate or geographical conditions. This category of people are often called climate refugees and when the apply for international refugee status, it is declined due to the inability to meet the established criteria outlined by the International Refugees Convention. Unfortunately, the phenomena associated with climate refugee have not …

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …

Natural Gas Or National Gas–Would A Statewide Natural Gas Ban In New Development Violate The Commerce Clause?, Madison D. Montague

San Diego Journal of Climate & Energy Law

This Article analyzes: (1) the contours of a natural gas installation ban, how municipalities have incorporated these bans, and how the state government may pass a statewide ban; (2) the likelihood that these bans would place a substantial burden on interstate commerce; (3) who, if anyone, would have standing to sue to end these bans; and (4) whether anyone could prevail in an action against a ban on new gas development.