Digital Commons Network^™

Volume 6 Index, C. David Baker

Pepperdine Law Review

No abstract provided.

Allocation Of Responsibility After American Motorcycle Association V. Superior Court, Erwin E. Adler

Pepperdine Law Review

In its landmark case of Li v. Yellow Cab Co., the California Supreme Court judicially adopted the doctrine of comparative negligence in an action involving a plaintiff and a single defendant. The court in Li specifically avoided making any decision concerning the numerous issues which would be involved in a multi-party action: the relationship of multiple defendants with one another, the right of one defendant to join others for the purpose of sharing payment of the judgment, the respective responsibilities of such parties for the judgment (including those insolvent, partially solvent or possessing an immunity), and the procedure for the …

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.

The Santa Clara, 2013-02-07, Santa Clara University

The Santa Clara

No abstract provided.

Lack Of Transparency In The Premarket Approval Process For Aquadvantage Salmon, Michael P. Mcevilly

Duke Law & Technology Review

After a lengthy premarket approval process, the Food and Drug Administration (FDA) has just deemed AquAdvantage Salmon, a fast-growing, genetically engineered salmon, safe for human consumption. AquAdvantage Salmon is the first genetically engineered animal designed for human consumption to go to market in the United States. Because there have been no significant changes to the statutory or regulatory framework governing agricultural biotechnology since it was established in the 1980s, the FDA reviews applications of genetically engineered animals under the New Animal Drug Application (NADA) provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). The FDA’s treatment of genetically engineered …

The Santa Clara, 2013-01-24, Santa Clara University

The Santa Clara

No abstract provided.

Santa Clara Magazine, Volume 54 Number 3, Winter 2013, Santa Clara University

Santa Clara Magazine

16 - TO CATCH A THIEF by Vince Beiser. Mathematician George Mohler has helped equip police in Santa Cruz and L.A. with an algorithm that predicts where crimes might happen next. Is this the future of policing?

22 - HOW TO PREVENT A BONFIRE OF THE HUMANITIES by Michael S. Malone '75, MBA '77. A veteran chronicler of Silicon Valley looks at why the high-tech industry needs-and wants-folks who know how to tell a story.

26 - A POEM, A PRAYER, AND A MARTINI FOR THE RHINO Two conversations with Chancellor William J. Rewak, S.J.-who's just published his first collection …

Professor: Bank Rules Still Not Tough Enough, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

Santa Clara Magazine, Volume 54 Number 4, Spring/Summer 2013, Santa Clara University

Santa Clara Magazine

12 - KEEP THE DOOR OPEN By Jeff Zorn. For teaching and advising and a ministry that's blessed this place for 48 years-a colleague pays tribute to Charles Phipps, S.J.

16 - IN THIS TOGETHER By Mitch FINLEY '73. For folks retired but not at rest, Companions in Ignatian Service and Spirituality offers a way to do and be more.

18 - WALK ACROSS CALIFORNIA By Jesse Hamlin-with images by Robert Boscacci '14, Frederic Larson, and Edward Rooks. An epic journey in which one foot is put in front of the other to discover, up close and personal, who and …

Shifting Paradigms Transform Environmental And Land Use Law: The Emergence Of The Law Of Sustainable Development, John R. Nolan

Fordham Environmental Law Review

No abstract provided.

The Importance Of Information And Participation Principles In Environmental Law In Brazil, David N. Cassuto, Romulo S.R. Sampaio

Elisabeth Haub School of Law Faculty Publications

This article explores the two different kinds of uncertainty, ‘hard’ uncertainty (unknown unknowns) and ‘soft’ uncertainty (known unknowns), in the context of environmental law decision making. First, the authors argue that these different categories should not be treated the same when facing decisions under uncertainty. To deal with these different uncertainties, a tiered risk analysis process is called for, using participatory techniques to turn hard uncertainty into (more manageable) soft uncertainty as well as to increase the legitimacy of environmental decision making, even in cases of hard uncertainty. This methodology can and should apply to all instances of domestic, transnational …

Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and fit …

Envisioning Resilient Electrical Infrastructure: A Policy Framework For Incorporating Future Climate Change Into Electricity Sector Planning, Sam C.A. Nierop

Sabin Center for Climate Change Law

Climate change needs to be incorporated in future designs of the electricity sector. This paper argues for a policy framework in which utilities take the lead by performing an electrical climate change impact assessment that evaluates to what extent utilities’ electrical assets are vulnerable to future climate change. Based on this assessment, electrical climate change adaptation plans should be formulated by the utility in cooperation with utility regulators, municipalities and supralocal governments. A collaborative process is essential, because adaptation measures need to be tailored to the regional circumstances and many types of adaptation measures require governmental approval. In order for …

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

Security Studies & International Affairs - 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 …

Integrated Magnets, Institute On Metropolitan Opportunity

Studies

Best Practices.

Defying The Law: Northern Plains Resource Council, Inc. V. Surface Transportation Board And The State Of Nepa Jurisprudence, Rachel Shelton

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Climate Impacts On Economic Growth As Drivers Of Uncertainty In The Social Cost Of Carbon, Elisabeth Moyer, Mark D. Woolley, Michael J. Glotter, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

One of the central ways that the costs of global warming are incorporated into U.S. law is in cost-benefit analysis of federal regulations. In 2010, to standardize analyses, an Interagency Working Group (IAWG) established a central estimate of the social cost of carbon (SCC) of $21/tCO2 drawn from three commonly-used models of climate change and the global economy. These models produced a relatively narrow distribution of SCC values, consistent with previous studies. We use one of the IAWG models, DICE, to explore which assumptions produce this apparent robustness. SCC values are constrained by a shared feature of model behavior: though …

Intent To Reconcile: Sec V. Obus, The Second Circuit's Edification Of The Tippee Scienter Standard, Allison M. Vissichelli

American University Law Review

No abstract provided.

Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott

Articles & Book Chapters

No abstract provided.

Activities And Achievements: Progress Report 2011-2013, Center For Governance And Sustainability, University Of Massachusetts Boston, Maria Ivanova, Craig Murphy, James Gustave Speth, Christiana Figueres, Alice Odingo

Center for Governance and Sustainability Publications

We joined the University of Massachusetts Boston in the fall of 2010 to develop a new doctoral program in global governance and human security, the first of its kind in the United States. In the spring of 2011, we launched the Center for Governance and Sustainability in an effort to bring academic rigor to real-world policy challenges in environment, development, and sustainability governance.

The Center is housed at the John W. McCormack Graduate School of Policy and Global Studies, which takes pride in offering a world-class interdisciplinary education and engaging in values-driven research, demonstrating a deep commitment to making a …

Standing's Expected Value, Jonathan R. Nash

Faculty Articles

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 …

Coloring A Green Generation: The Law And Policy Of Nationally-Mandated Environmental Education And Social Value Formation At The Primary And Secondary Academic Levels, Whitney Stohr

The Journal of Law and Education

No abstract provided.

Hard, Soft & Uncertain: The Guarani Aquifer And The Challenges Of Transboundary Groundwater, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the first Part of the Article. The Article then analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major …

Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Sea level rise requires a new paradigm for controlling the development of coastal lands that are in harm’s way, calling for adjustments in the law, legal practice, and legal education. This article discusses the historical tendency of the law to adjust to changes in society and the recent emergence of new legal institutions and strategies for mitigating and adapting to climate change, particularly sea level rise. It illustrates how the lack of certainty about the extent and pace of sea level rise collides with the total takings doctrine of the Lucas case to frustrate the application of traditional land use …

Shifting Paradigms Transform Environmental And Land Use Law: The Emergence Of The Law Of Sustainable Development, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

We began these two decades reacting to the market’s interest in developing greenfields and coastal property and end it wondering how to prepare more urbanized places for a growing population of smaller households who seek the amenities of urban living and some protection from the storms ahead. This essay discusses this and nine other fundamental paradigm shifts in environmental and economic conditions that are reshaping the law and changing the way state and local governments control land use and order human settlements.

Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen

Utah Law Review

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computerbased simulation modeling. Those advances have turned quantitative spatial analysis—that is, quantitative analysis of data coded to specific geographic locations—into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems.

Advances in spatial analysis have had modest impacts upon the practice of environmental …

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

Case Western Reserve Law Review

No abstract provided.

Energy Security, Green Fleets, And Green Warriors, Jennifer Huang

Florida A & M University Law Review

The U.S. military, both our nation's largest consumer and securer of energy, can no longer be absolved of the high costs and environmental consequences of its reliance on conventional fuel sources and energy systems in the face of mounting evidence of unavoidable global warming and climate change. The oil-dependent U.S. national and energy security policies that have helped achieved American military and economic greatness are no longer sustainable; in fact, uncovering the hidden costs of our oil addiction reveals many insecurities. In order to progress towards true energy independence, the U.S. must overcome its congressional in-fighting, and kick-start its promising …

Up To Our Ears: Corn Overproduction, Its Environmental Toll, And Using The 2012 U.S. Farm Bill To Limit Corn Subsidies, Increase Environmental Protection Incentives, And Place Accountability On Crop Operations, Christopher Frump

Florida A & M University Law Review

No abstract provided.

Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman

All Master's Theses

The importance of cultural resource preservation cannot be overstated; however local economies are at least as important. Due to conservative archaeological site protection practices in Region 5 of the United States Forest Service, the economy of Northeastern California is being adversely affected. In an attempt to help the Forest Service make more informed management decisions and improve the Northeastern California economy, I undertook experiments on the effects of timber harvesting on lithic scatters on Modoc National Forest. The experiments involved placement of 225 glass tiles (proxy lithics) in each of three plots subject to vehicle traffic and log dragging by …