Digital Commons Network^™

Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney

Articles, Book Chapters, & Popular Press

This article discusses the results of the first empirical study providing evidence of regulatory “chilling effects” of Wikipedia users associated with online government surveillance. The study explores how traffic to Wikipedia articles on topics that raise privacy concerns for Wikipedia users decreased after the widespread publicity about NSA/PRISM surveillance revelations in June 2013. Using an interdisciplinary research design, the study tests the hypothesis, based on chilling effects theory, that traffic to privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The Article finds not only a statistically significant immediate decline in traffic for these Wikipedia articles after June 2013, but …

Fulfilling The Promise: Basic Components Of Next Generation Environmental Assessment, Robert B. Gibson, Meinhard Doelle, A. John Sinclair

Articles, Book Chapters, & Popular Press

This paper outlines the key elements of the next generation EA in Canada. It draws on decades of EA practice and academic literature. It summarizes the working conclusions of a lengthy monograph, which also sets out the broad context and the background of experience with environmental assessment law and practice in Canada. Readers who would like to explore the issues raised in this paper in more detail may wish to consult the monograph online.

Table Of Contents

Richmond Public Interest Law Review

Table of Contents for the Richmond Journal of Law and the Public Interest Symposium 2015 Issue

Enhancing The Urban Environment Through Green Infrastructure, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article is adapted from Chapter Seven of John R. Nolon, Protecting the Environment Through Land Use Law: Standing Ground, published by ELI Press. The book describes how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This Article follows the steady advance in the use of green infrastructure in recent years, and details its value as a strategy for adapting to climate change, bettering air quality, lowering heat stress, creating greater biodiversity, conserving energy, providing ecological services, sequestering carbon, preserving and expanding habitats, enhancing aesthetics, increasing …

The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler

Utah Law Review

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …

Raisins And Resilience: Elaborating Home's Compensation Analysis With An Eye To Coastal Climate Change Adaptation, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The State of New Jersey, the Borough of Harvey Cedars, and the United States Army Corps of Engineers were all preparing for an event like Hurricane Sandy years before the 2012 super-storm made landfall along the Mid-Atlantic coast. The governments began, for instance, a major dune restoration project in 2005 in order to protect the New Jersey coast from massive storm surges that could destroy homes and businesses. To carry out the effort, the local governments sought to purchase the right to build along the seaward portion of property owners' land, and would then construct roughly twenty-foot-high, thirty-foot-wide dunes. If …

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation--agricultural animals--is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this …

The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …

Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe For Clinical Trials, Michael N. Widener

Cardozo Journal of Conflict Resolution

This paper proposes educating law students in the processes of therapeutic justice through service as a neutral in land use controversies, and in the process, improving law student dispute resolution skills and enabling them to promote therapeutic outcomes.

A Park For Everyone: The National Park Service In Urban America, Sarah J. Morath

Akron Law Faculty Publications

This article examines the National Park Service's past and future presence in urban America. Scholars, conservationists, and park administrators agree that urban park spaces and programming must be a focus of the National Park Service in its second century. This article explains the motivations behind the National Park Service's first urban parks and describes the National Park Service's recent emphasis on urban areas. From designations such as Pullman Park in Chicago, to initiatives like the Urban Agenda, the National Park Service is poised to engage urban America and create a new generation of park visitors.

Result Inequality In Family Law, Margaret F. Brinig

Journal Articles

To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.

This presentation …

All’S Whale That Ends Whale: How Correctly Identifying Antarctic-Feeding Grounds Of Oceania Humpbacks Could Save An Endangered Population, Davey Holmes

Pomona Senior Theses

Although major whaling practices have ceased, increasing human involvement and influence in the world’s marine ecosystems continue to adversely effect global whale populations. It is a major concern throughout Antarctic waters, where endangered Oceania Humpback Whales (Megaptera novarangliae) annually feed. This study analyzes the extent to which a proposed marine protected area within the Ross Sea may indirectly harm the last remaining endangered population of Humpbacks. Using current satellite tracks of southern Humpback migrations, this model maps the effects of displaced Toothfish fisheries, and suggests further conservations efforts, based on New Zealand’s Precautionary Approach, to protect these vulnerable whales.

Philosophy Of Law In The Arctic, Dawid Bunikowski, Jaakko Husa, Diana Ginn, Ko Hasegawa, Karol Dobrzeniecki, Patrick Dillon, Francis Joy, Rene Kuppe, Leena Heinämäki, Maura Hanrahan, Tom Svensson, Makoto Usami, Agnieszka Szpak, Rebecca Johnson, Brendan Tobin

Books

This is rather the first book with a title "Philosophy of Law in the Arctic" in the literature. This philosophy of law is a very wide and cross-disciplinary area of research: between law, philosophy, anthropology, history, cultural ecology or environmental studies. I have no doubts that we have done such kind of philosophy in the academia so far, not using this term, but keeping up with the concept, the idea.

The book is a result of research conducted by many members of the Sub-group of Philosophy of Law in the Arctic (the University of the Arctic). This team seems a …

Richmond Journal Of Global Law And Business Volume 15, Issue 1 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Environmental Law: The Role Of Congress In Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, Nicholas Robinson

Articles & Chapters

No abstract provided.

Biologically Biased Beneficence, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs

Law Faculty Publications

This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.

The Limits Of Energy Efficiency Markets In Climate-Change Law, Noah M. Sachs

Law Faculty Publications

This Article examines whether market-based policies, deployed in many areas of environmental law, should be harnessed to promote energy efficiency. Several countries in Europe and Asia have experimented with this new approach to energy efficiency, establishing markets that involve mandatory energy savings targets for firms and inter-firm trading of certificates that represent quantified energy savings. Many analysts contend that these new markets can unlock overlooked opportunities for energy efficiency improvements and could be a critical policy tool for addressing climate change. After describing the rationale for these new markets and their operation in other countries, this Article concludes that the …

Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson

Animal Law Review

On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …

What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss

Publications

Despite the rise of “big data” empiricism, law school admission remains heavily impressionistic; admission decisions rely on anecdotes about recent students, idiosyncratic preferences for certain majors or jobs, or mainly the Law School Admission Test (LSAT). Yet no predictors are well-validated and studies of the LSAT or other factors fail to control for other factors. The lack of evidence for what actually predicts law school success is especially surprising since, after the 2010s downturn, law schools now compete for fewer applicants. We fill this gap with a two-school, 1,400-student, 2005--2011 longitudinal study. We coded nondigitized applicant data and used multivariate …

Which Came First, People Or Pollution? A Review Of Theory And Evidence From Longitudinal Environmental Justice Studies, Paul Mohai, Robin Saha

Environmental Studies Faculty Publications

A considerable number of quantitative analyses have been conducted in the past several decades that demonstrate the existence of racial and socioeconomic disparities in the distribution of a wide variety of environmental hazards. The vast majority of these have been cross-sectional, snapshot studies employing data on hazardous facilities and population characteristics at only one point in time. Although some limited hypotheses can be tested with cross-sectional data, fully understanding how present-day disparities come about requires longitudinal analyses that examine the demographic characteristics of sites at the time of facility siting and track demographic changes after siting. Relatively few such studies …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …

Indigenous Women, Water Justice And Zaagidowin (Love), Deborah Mcgregor

Articles & Book Chapters

I would like to open by saying Chi-miigwech (a big thank-you) to those Elders/Grandmothers who have shared their stories and teachings with me over the years. Some have since passed on and I hope that through my words, their love and generosity will continue the process of healing the people and waters upon which they so integrally depend.

The paper which follows contains many references to notions of love, mutual respect, and responsibility towards the natural world, and water in particular. These ideas may seem a little tenuous for a serious paper on a critical environmental justice issue, but concepts …

Mitigating Climate Change By Zoning For Solar Energy Systems: Embracing Clean Energy Technology In Zoning’S Centennial Year, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Adopting land use regulations that encourage solar and other clean energy systems is an essential strategy for promoting clean power and one that focuses on the essential role that local governments play in mitigating climate change. This article explores efforts at the state and local level to reform zoning and land use regulations to permit, encourage, require, and incentivize rapidly-evolving clean energy systems, particularly solar, that, in the aggregate, have the ability to significantly increase power generation and decrease carbon emissions. The article illustrates how zoning, as it approaches its 100th anniversary, is encrusted with provisions that prohibit or discourage …

Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset

William & Mary Environmental Law and Policy Review

No abstract provided.

Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish

William & Mary Environmental Law and Policy Review

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson

Journal of Environmental and Sustainability Law

No abstract provided.

The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith

Journal of Environmental and Sustainability Law

No abstract provided.