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Environmental Law At Maryland, No. 35, Fall 2013

Environmental Law at Maryland

No abstract provided.

Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

Volume 38, No. 2

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Suzanne Kittell

Layout Editor: Kate Rothschild

Editors: Hannah Choo, Paul Neville, Alex Hartwig

Why Bother With Academic Freedom?, Robert Post

FIU Law Review

No abstract provided.

Updating Twentieth Century Water Projects To Meet Twenty-First Century Needs: Lessons From The Tri-State Water Wars , Lewis Jones, John Fortuna, Karen Johnston

Georgia State University Law Review

No abstract provided.

Legal Education For All (Or More Than Just Lawyers), Carol A. Parker

Faculty Scholarship

Virtually every sector of today's economy would benefit from employing workers with more than superficial knowledge of the law. Fields potentially ripe for the concept include health-care policy, artificial intelligence, cybersecurity, public affairs, banking, and environmental sciences, to name just a few. An interdisciplinary approach would provide graduates of these new programs with greater access to the job markets of interdisciplinary partners—something that traditional joint degrees based on combining the J.D. program with master's degrees from other disciplines rarely do.

Legal Education For All (Or More Than Just Lawyers), Carol A. Parker

Faculty Scholarship

While the need to acquire a working understanding of our laws and regulations seems only to grow, access to legal information is still largely kept at a premium by legal educators, who provide it almost exclusively through the juris doctor degree.

Only a small percentage of American law schools offer master's-level legal-studies degrees, which are typically equivalent to taking two semesters' worth of law-school courses. These non-J.D. graduate degrees are aimed at students seeking knowledge about law, but combining such programs with subject matter drawn from other disciplines to create discrete programs remains rare.

A Fracking Good Solution To The Hydraulic Fracturing Regulation Conundrum, David K. String

Valparaiso University Law Review

No abstract provided.

Applying Some Lessons From The Gulf Oil Spill To Hydraulic Fracturing, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

In this article, Robertson notes that Ohio is moving quickly towards hydraulic fracturing of horizontal wells and some argue it has insufficiently considered and managed that rush in light of the potentially disastrous, albeit unlikely, consequences of groundwater contamination, explosion at wells or drilling sites, depletion of freshwater supply as high volumes are used in fracturing, and disposal of contaminated flowback water. Similarly, although drilling for oil from deep water rigs was neither a new idea nor a new technology when the Macondo well blew out on April 20, 2010—killing 11 people, spewing tons of oil in the Gulf of …

Brief 8: International Fisheries Governance That Works: The Case For A Global Fisheries Organization, J. Samuel Barkin, Elizabeth R. Desombre

Governance and Sustainability Issue Brief Series

International fisheries are being overexploited, and the current institutional structure in place to manage them is not working effectively. Presently, two sets of intergovernmental institutions oversee global fishing. The first comprises roughly three dozen regional fisheries management organizations (RFMOs), approximately 19 of which are charged with regulating fishing in the areas they oversee. The second set consists of global organizations that touch on but do not directly regulate fisheries issues, such as the United Nations Food and Agriculture Organization (FAO), the World Trade Organization (WTO), the World Bank, and the International Maritime Organization (IMO). This management patchwork is inadequate to …

Richmond Law Magazine: Summer 2013

Richmond Law Magazine

Features:

Death Penalty Drugs

When Courage Clashed with Convention

The Divorcing Brain

Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon

Articles

No abstract provided.

Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez

Natural Resources Journal

No abstract provided.

New Governance And Industry Culture, Karen Bradshaw Schulz

Notre Dame Law Review

New governance scholarship argues that a blend of public and private regulation is playing an increasing role in influencing firm behavior. Despite its burgeoning growth, new governance scholarship is critiqued as lacking practical examples. This Article begins to fill that void by conducting a new institutional economics analysis of forest sustainability certifications, an example of new governance. This Article analyzes the features of the domestic forest industry to trace why new governance emerged within it and has persisted for over seventy years. The industrial characteristics that contribute to this longstanding new governance regime include strong norms within the industry, a …

Understanding & Crafting Development Agreements In Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The report first briefly explains the real estate development business from the developer’s perspective. It then identifies the components of a typical development agreement. Following this, it describes how agreements change and grow over time and offers an outline of the negotiation process. The appendices provide an overview of five development agreements and highlights interesting provisions that may be food for thought during negotiations on future development agreements. Two of these agreements are for gaming-related projects and three do not include gaming as a potential land use. Copies of the actual agreements can be accessed via links found within the …

The Santa Clara, 2013-05-09, Santa Clara University

The Santa Clara

No abstract provided.

Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman

Pepperdine Law Review

No abstract provided.

There's A Pattern Here: The Case To Integrate Environmental Security Into Homeland Security Strategy, James D. Ramsay

Applied Aviation Sciences - Daytona Beach

The time is long overdue to acknowledge that global climate and resource stresses, encompassed by the concept of environmental security (ES), are an increasingly important part of "homeland" security (HS) study and practice, by even the most restricted definitions of HS. Environmental security issues will affect global economic and political stability, US national interests, and the risk of war and terrorism. Just as homeland security encompasses many complex issues and interconnected subfields, environmental security (ES) is interdisciplinary by nature. In essence, ES is an emergent discipline borrowing from a combination of environmental studies — which decades ago integrated environmental science …

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

William & Mary Environmental Law and Policy Review

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutrient and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint discharges …

Standing's Expected Value, Jonathan Remy Nash

Michigan Law Review

This Article argues in favor of standing based on expected value of harm. Standing doctrine has been constructed in a way that is oblivious to the idea of expected value. If people have suffered a loss with a positive expected value, they have suffered an "injury in fact." The incorporation of expected value into standing doctrine casts doubt on many of the Supreme Court's decisions in which it denies standing because the relevant injury is too "speculative" or is not "likely" to be redressed by a decree in the plaintiff's favor. This Article addresses this shortcoming in standing jurisprudence by …

Rio+20 And Biodiversity: What Next? The International And Brazilian Perspectives, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Extended written remarks of the oral panel presentation by Professor Nicholas A. Robinson at the international colloquium in tribute to Ambassador Luiz Alberto Figueiredo do Machado on Rio+20 and Biodiversity: Assessing the Future We Want. Presented as part of the Inaugural Panel, held in the Senate Chamber of Brazil in Brasilia on 26 April 2013 and televised nationally.

Harmony With Nature And Genetically Modified Seeds: A Contradictory Concept In The United States And Brazil?, Heather Leibowitz

Pace Environmental Law Review

Looking at the differing regulatory frameworks for genetically modified organisms (GMOs) in the United States and Brazil, this Article will help demonstrate how a lack of scientifically objective standards has allowed regulatory agencies to circumvent environmentally protective and sustainable policies. Additionally, this analysis will help illuminate what corrective steps can be taken.

Legal Summaries, Jeremy Black

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Tools For Environmental Equity Vs.Environmental Justice, Mike Ewall

Sustainable Development Law & Policy

No abstract provided.

Rethinking Development, Sustainability, And Gender Relations, Shelley Feldman

Cornell Journal of Law and Public Policy

No abstract provided.

Removal Reform: A Solution For Federal Question Jurisdiction, Forum Shopping, And Duplicative State-Federal Litigation, Martha A. Field

Indiana Law Journal

Federal court procedural, especially jurisdictional ones, need to be governed by clear, effective, and fair rules. Yet twentieth century doctrines and reforms, even when made in the name of pragmatism, have produced decidedly unpragmatic results: a vague and disputed doctrine of federal question jurisdiction that excludes from federal court many cases where federal law controls the outcome, rules that facilitate forum shopping by plaintiffs and make it impossible to predict in advance what law will apply to decide one’s case, and the stunning waste of a system in which the exact same issues are simultaneously litigated in state and federal …

I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent

Buffalo Law Review

No abstract provided.

The Visual And The Law Of Cities, Stephen R. Miller

Pace Law Review

This article will attempt to explore, through four separate “tableaux,” or brief sketches, four ways in which the visual interplays with the law of cities, and how a deeper understanding of this intersection can assist in the development of these laws and their underlying policies. This discussion will by no means be definitive. However, by presenting these four approaches in which the visual complicates and assists the law of cities, and sometimes even acts as the law of cities, it is hoped the article will spur a dialogue on the law’s relationship to the visual.

Science, Technology, And Catholic Identity In The Education Of Professionals, Keith Douglass Warner O.F.M., David S. Caudill

Faculty Publications

The reception of Ex corde ecclesiae has been uneven across the disciplines, with scant interest in distinctly Catholic pedagogies outside of the humanities. This essay argues that Catholic universities can distinguish themselves by how they present science and technology in their curriculum by drawing from the interdisciplinary field of “science, technology & society,” or STS. We argue that discussions about Catholic identity, science, and human values can and should extend into the curriculum while simultaneously safeguarding academic freedom, and that this can readily be done in professional schools, such as law and engineering. We outline the contributions that STS as …