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Richmond Law Magazine: Winter 2012

Richmond Law Magazine

Features:

Courage and Independence

How Shall the Constitution be Enforced?

Law Weekend 2011

Justice for All

Transboundary Political Ecology In The Peru-Brazil Borderlands: Mapping Workshops, Geographic Information, And Socio-Environmental Impacts, David S. Salisbury, A. William Flores De Melo, Pedro Tipula Tipula

Geography and the Environment Faculty Publications

Development, resource, and settlement frontiers inspired by national policies and global demand continue to expand into the international boundary lands of Amazonia. National policies promote development and conservation projects on lands already inhabited and managed. Regional governments are increasingly frustrated by the inadequate and outdated geographic information available to solve overlapping claims and improve planning in sensitive border regions. The resulting combination of inappropriate policies, contested resources, and poor geographic information in the borderlands create impacts not only for national, regional, and local landscapes and livelihoods but also foreign relations due to transboundary effects. This article uses a transboundary political …

Reading The Standing Tea Leaves In American Electric Power Co. V. Connecticut, Bradford C. Mank

University of Richmond Law Review

The U.S. Supreme Court by an equally divided vote offour to four affirmed the Second Circuit's decision finding standing and jurisdiction in the case in American Electric Power Co. v. Connecticut. While not binding as precedent beyond the Second Circuit,the case offers clues to how the Court is likely to rule in future standing cases. This article discusses the likely identities of the four Justices on each side of the standing issue in the case, as well as how Justice Sotomayor might have voted if she had not recused herself. Furthermore, the article examines how the decision expand- ed on …

Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, Noah M. Sachs

Law Faculty Publications

In this Article, I demonstrate that the regulatory strategy for energy efficiency is working. Although information disclosure, financial incentives, and other softer alternatives to regulation play a vital role in reducing energy demand, these should be viewed as complements to efficiency regulation, rather than replacements. The regulatory approach has led to substantial cost and energy savings in the past, it has enjoyed bipartisan political support, and it targets products and behaviors that are difficult to address through other policy tools. Given the politics of climate change in the United States, which make federal carbon taxes or a cap-and-trade system infeasible, …

Coca And Conservation: Cultivation, Eradication, And Trafficking In The Amazon Borderlands, David S. Salisbury, C. Fagan

Geography and the Environment Faculty Publications

The cultivation and traffic of coca, Erythrolxylum coca, and coca derivatives remain understudied threats to the conservation of the Amazon rainforest. Currently the crop is transforming land use and livelihoods in the ecologically and culturally rich borderlands of Amazonian Peru. The isolated nature of this region characterized by indigenous populations (both settled and uncontacted), conservation units, resource concessions, and a lack of state presence provides fertile ground for the boom and bust cycle of coca production and facilitates the international transport of the product to neighboring Brazil. This paper explores the social and environmental impacts of coca production, eradication, and …

Survival, Breeding Frequency, And Migratory Orientation In The Jefferson Salamander, Ambystoma Jeffersonianum, Stephen P. De Lisle, Kristine L. Grayson

Biology Faculty Publications

Accurate estimates of demographic parameters, such as survival and breeding frequency, are necessary for the conservation and management of animal populations. Additionally, life-history data are required for gaining an empirical understanding of the ecology of natural populations. We monitored a population of Jefferson Salamanders (Ambystoma jeffersonianum) breeding in a permanent mountain-top pond at the southern limit of this species’ geographic range in Virginia over four years. We used closed multistate mark-recapture models with Pollock's robust design to estimate the demographic parameters of this population. Additionally, we used point-of-capture data to compare the orientation of migrations into and out …

Life History Benefits Of Residency In A Partially Migrating Pond-Breeding Amphibian, Kristine L. Grayson, Larissa L. Bailey, Henry M. Wilbur

Biology Faculty Publications

Species with partial migration, where a portion of a population migrates and the other remains residential, provide the opportunity to evaluate conditions for migration and test mechanisms influencing migratory decisions. We conducted a five-year study of two populations of red-spotted newts (Notophthalmus viridescens), composed of individuals that either remain as residents in the breeding pond over the winter or migrate to the terrestrial habitat. We used multistate mark-recapture methods to (1) test for differences in survival probability between migrants and residents, (2) determine if migrants breed every year or skip opportunities for reproduction, and (3) estimate the frequency …

Richmond Journal Of Global Law And Business Volume 11, Issue 1 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Richmond Journal Of Global Law And Business Volume 10, Issue 4 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Carbon Credits, Mary Finley-Brook, Curtis Thomas

Geography and the Environment Faculty Publications

A carbon credit is an allowance or offset equal to one metric ton of carbon dioxide (C02) or other greenhouse gas (GHG) equivalent calculated in tons of C02. Carbon markets allow individuals, companies, or states to finance emissions reductions in other locations, for example, through projects that create or promote renewable energy, energy efficiency, or reforestation, as a means to lower their own carbon footprint. Trade of carbon credits within compliance and voluntary markets is a multibillion-dollar enterprise that makes up a cornerstone of international efforts to combat climate change. Buying and selling emissions allowances often means that mitigation can …

Green Pricing, Mary Finley-Brook, Charles Kline

Geography and the Environment Faculty Publications

Green pricing is commonly found in energy markets and finances environmentally friendly alternatives to conventional utilities. Interested customers pay an additional fee per kilowatt-hour to purchase clean energy from hydroelectric, wind, geothermal, solar, and biomass sources. Green power markets are still new, and to ensure quality and verify delivery, many utilities apply for certification from independent organizations. Renewable energy credits (RECs) are another method to assist utility companies in financing green energy investments. Although the REC purchaser does not directly buy electricity, REC sales may subsidize renewable energy production.

Gis Maps And The Amazon Borderlands, David S. Salisbury

Geography and the Environment Faculty Publications

With training, GIS can be used by all sectors of Latin American society and is the mapping tool of choice for institutions ranging from the Inter-American Development Bank to remote communities in the Amazon rain forest. Geographic information systems are thus a tool of the powerful and the marginalized and the official and the unofficial. [...] In this chapter, we see how GIS maps can improve our ability to analyze conflict over resources and allow additional participation in the process of mapping, but we also confront some of the many political and technical challenges that must be overcome to construct …

Earth University (Costa Rica), Mary Finley-Brook, Caroline O'Rourke

Geography and the Environment Faculty Publications

EARTH is a private nonprofit international university located in the town of Guácimo in the province of Limón, a lowland region in the east of Costa Rica. EARTH derives its acronym from the Spanish title Escuela de Agricultura de la Región Tropical Húmeda (Agricultural School of the Humid Tropical Region). The W. K. Kellogg Foundation, the U.S. Agency for International Development, and the Costa Rican government worked with other national and international agencies to create this unique university in the mid-1980s. The higher education initiative emerged from recognition that unsustainable agricultural practices were damaging and straining soil, water, forest, biological, …

Boldly Sustainable: Hope And Opportunity For Higher Education In The Age Of Climate Change (Book Review), Mary Finley-Brook, Breana Coleman, Kaitlan Lawrence

Geography and the Environment Faculty Publications

Peter Bardaglio and Andrea Putman’s groundbreaking book, Boldly Sustainable, provides a powerful strategy for colleges and universities to achieve renewal and relevance in the 21st century through innovation, academic rigor, and pragmatism. The book combines a refreshingly optimistic message of hope and opportunity with an honest critique of higher education, highlighting the need for transformative change. Case study examples throughout the book show how sustainability initiatives can stimulate excellence in teaching and learning while also encouraging improvements in physical operations. With a broad range of cases from public and private institutions of various sizes and rankings, the authors convincingly …

Rescuing The Strong Precautionary Principle From Its Critics, Noah M. Sachs

Law Faculty Publications

The Strong Precautionary Principle, an approach to risk regulation that shifts the burden of proof on safety, can provide a valuable framework for preventing harm to human health and the environment. Cass Sunstein and other scholars, however, have consistently criticized the Principle, rejecting it as paralyzing, inflexible, and extreme.

In this reassessment of the Strong Precautionary Principle, I highlight the significant benefits of the Principle for risk decision making, with the aim of rescuing the Principle from its dismissive critics. The Principle sends a clear message that firms must research the health and environmental risks of their products, before harm …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

A History Of Resilience Is A History Of Resistance, Melissa Ooten

Women, Gender and Sexuality Studies Faculty Publications

As an historian, I’m struck by the emphasis this documentary places on non-humans – be it animals, plants, soil, or mountains – although as a native of Appalachia, that doesn’t surprise me. The film is billed as “America’s first environmental history series: and as such, it gives us a bold, unique template of how to talk holistically about the concept of place and the specific place of Appalachia. While it may be particularly prescient to talk about the broader concept of place through ecology and other facets when analyzing the history of Appalachia, surely it is no less important when …

"We Are The Owners": Autonomy And Natural Resources In Northeastern Nicaragua, Mary Finley-Brook

Geography and the Environment Faculty Publications

Although focused predominately on Miskitu politics, this chapter identifies various constraints to multi-ethnic self-determination, while noting barriers exist even among aid programs targeting political empowerment and community development. Nevertheless, I also explore examples of progress toward decentralization at regional and local levels regardless of an overall national context of political containment and economic exploitation.

Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi

Richmond Journal of Global Law & Business

No abstract provided.

A Green Board As A Climate-Change Imperative: Appointing A Climate-Change Expert To The Audit Committee, Porcher L. Taylor Iii, Harris L. Kay

School of Professional and Continuing Studies Faculty Publications

This article makes the innovative and timely case for a climate change imperative: a green board. Urgency is evident, with the arrival of "a fast-emerging new burden on board members to oversee their company's posture on climate change and to begin monitoring an area that, until now, has drawn scant attention in the boardroom."²¹ One major impetus for the proposal advocated in this Article is that there is apparently a dearth of green boards in corporate America.²² In contrast, European and Canadian companies appear to be at the vanguard of utilizing green boards.²³

China's Greentech Programs And The Ustr Investigation, Joel B. Eisen

Law Faculty Publications

The issue of China's support for renewables has taken center stage in a United States Trade Representative ("USTR") complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization ("WT0"). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China, and many feel the United States is falling behind. New York Times columnist Thomas L. Friedman has been perhaps the most active proponent of this view, but he has plenty of company. If recent reports are to be believed, China …

University Of Richmond Climate Action Plan, University Of Richmond

Plans

The Climate Action Plan for the University of Richmond establishes the framework for achieving the University’s climate action goals under the American College and University Presidents Climate Commitment. The University of Richmond’s goal is to reduce greenhouse gas emissions 30% by 2020 and 100% by 2050. In addition to emissions reduction, the Climate Action Plan articulates goals for embedding sustainability into the curricular and co-curricular aspects of a Richmond education. The plan has been developed under the leadership of the Sustainability Working Group and the University’s Sustainability Coordinator. Climate Action Plan subgroups, with representation of staff, faculty, and students, drafted …

The University Symphony Orchestra, Department Of Music, University Of Richmond

Music Department Concert Programs

No abstract provided.

Richmond Law Magazine: Summer 2010

Richmond Law Magazine

Features:

Veterans on a Mission

Healing in Rwanda

Equally Insured?

Driven to Serve

Treatment Of Displaced Indigenous Populations In Two Large Hydro Projects In Panama, Mary Finley-Brook, Curtis Thomas

Geography and the Environment Faculty Publications

The World Commission on Dams provided an analytical overview of the cumulative effects of years of dam development. A lack of commitment or capacity to cope with displacement or to consider the civil rights of, or risks to, displaced people led to the impoverishment and suffering of tens of millions and growing opposition to dams by affected communities worldwide. However, after the WCD, little has changed for the better in terms of resettlement policies. In fact, the standards of key agencies, like the Asian Development Bank, have been lowered and diluted compared to prior policies. Dam-induced development and displacement are …

Vision 2020: A View Of Our Energy Future, George Allen, Eric Finkbeiner, David Christian, Joel Eisen, John Lain, Cale Jaffe, W. Thomas Hudson, Donald Irwin, Christopher Paine, Aimée Christensen, Michael H. Montgomery, Mark Rosen, Jefferson Reynolds, Kruskaia Sierra-Escalante, Edward Lowe, Carol M. Browner

University of Richmond Law Review Symposium

The Morning Address was given by The Honorable George Allen.

“The Regulatory Framework: Where Are We Headed?” session by Eric Finkbeiner, Senior Adviser for Policy, Office of Governor Robert McDonnell; David Christian, Chief Executive Officer, Dominion Generation; and Professor Joel Eisen, University of Richmond School of Law. Professor Noah Sachs, University of Richmond School of Law, served as moderator.

“The Future of Coal” session by John Lain, Partner at McGuireWoods LLP; Cale Jaffe, Senior Attorney with the Southern Environmental Law Center; and W. Thomas Hudson, President of W. Thomas Hudson and Associates, Inc. and of the Virginia Coal Association. Stephen …

A Species-Based Approach To Transboundary Marine Conservation In The Caribbean Region, Carolyn Doherty

Geography and the Environment Capstone Projects

The basic theory of peace parks is applied to transboundary marine environments in this paper. Emphasizing connections across different scales, the ultimate goal of this paper is to resolve a specific ecological conflict: international conservation of migratory marine species in the Caribbean region. Migratory marine species like the green turtle (Chelonia mydas) create a unique dilemma for conservationists. Migratory species require diverse eco-regions for different stages of essential life processes. In the Caribbean region, these life processes occur regardless of political and economic boundaries, creating a predicament for marine conservation. Linking marine turtle harvest and conservation laws of the nations …

Scalar Interactions In The Mekong River Basin: Dam Incentives And Outcomes, Cloe Franko

Geography and the Environment Capstone Projects

The Mekong River plays an intricate and dynamic role in the environmental, social, economic, and cultural systems of the 70 million people throughout its basin and the more than 300 million people in the six Mekong nations. The river is both a necessity for millions of individuals with livelihoods centered on its resources and, in the eyes of large-scale actors, a tool for regional development and industrialization. Policies throughout the Mekong River Basin have long dealt with international issues and often center on large-scale outcomes, such as the promotion of regional economic development and intergovernmental cooperation, but have neglected to …

The Positive And Negative Impacts Of Transboundary Protected Areas On The Environment And The Social Makeup Of A Region, Kelsey Rdzanek

Geography and the Environment Capstone Projects

A Transboundary Protected Area (TBPA) is an area of land and/or sea that crosses one or more borders, whose area is dedicated to the protection of biological diversity and resources, and managed cooperatively by government, local communities and non-governmental organizations. This type of protected area is a fairly new concept that has not had much research conducted on whether or not it achieves the goals it has set out to meet. This paper will focus on the positive and negative impacts of TBPA’s on the environment and the social makeup of a region. TBPA’s do a great job of increasing …

The Waterton-Glacier International Peace Park, Joshua Flynn

Geography and the Environment Capstone Projects

The concept of a peace park is one that goes back more than seventy-five years with the creation of the Waterton-Glacier International Peace Park at the border between Montana and Alberta. The park was originally viewed as a symbol of friendship and goodwill but over the years has become an example of a successful transboundary wilderness park. The park thrives due to high levels of cooperation and collaboration between all stakeholders involved, including those involved in the Crown Managers Partnership. The park has survived amidst threats to its sovereignty. The biggest challenge the park and its managers have faced is …