Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (50)
- BLR (6)
- SelectedWorks (6)
- Georgetown University Law Center (3)
- Barry University School of Law (2)
-
- Schulich School of Law, Dalhousie University (2)
- Selected Works (2)
- American University Washington College of Law (1)
- Columbia Law School (1)
- Pace University (1)
- Roger Williams University (1)
- Universitas Indonesia (1)
- University of Miami Law School (1)
- West Virginia University (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Books, Reports, and Studies (25)
- ExpressO (6)
- Celebrating the Centennial of the Antiquities Act (October 9) (3)
- Georgetown Law Faculty Publications and Other Works (3)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (3)
-
- Dalhousie Law Journal (2)
- Faculty Scholarship (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29) (1)
- Articles (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Brett M Paben (1)
- Cardozo Law Review (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (1)
- Columbia Center on Sustainable Investment Books (1)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (1)
- Donald J. Kochan (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Jonathan Wood (1)
- Jorge A Mestre (1)
- Jurnal Hukum & Pembangunan (1)
- Life of the Law School (1993- ) (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Nehal A. Patel (1)
- Publication Type
- File Type
Articles 1 - 30 of 79
Full-Text Articles in Law
The Lawlessness Of Sackett V. Epa, William W. Buzbee
The Lawlessness Of Sackett V. Epa, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
When the Supreme Court speaks on a disputed statutory interpretation question, its words and edicts undoubtedly are the final judicial word, binding lower courts and the executive branch. Its majority opinions are the law. But the Court’s opinions can nonetheless be assessed for how well they hew to fundamental elements of respect for the rule of law. In particular, law-respecting versus law-neglecting or lawless judicial work by the Court can be assessed in the statutory interpretation, regulatory, and separation of power realms against the following key criteria, which in turn are based on some basic rule of law tenets: analysis …
Fears, Faith, And Facts In Environmental Law, William W. Buzbee
Fears, Faith, And Facts In Environmental Law, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
Environmental law has long been shaped by both the particular nature of environmental harms and by the actors and institutions that cause such harms or can address them. This nation’s environmental statutes remain far from perfect, and a comprehensive law tailored to the challenges of climate change is still elusive. Nonetheless, America’s environmental laws provide lofty, express protective purposes and findings about reasons for their enactment. They also clearly state health and environmental goals, provide tailored criteria for action, and utilize procedures and diverse regulatory tools that reflect nuanced choices.
But the news is far from good. Despite the ambitious …
Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad
Federal Environmental Justice Legislation And Regulations, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq
Jurnal Hukum & Pembangunan
Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what …
The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris
The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris
Articles
Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups-and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Donald J. Kochan
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
The Master Limited Liability Partnerships Parity Act: Friend Or Foe?, Sonia J. Toson
The Master Limited Liability Partnerships Parity Act: Friend Or Foe?, Sonia J. Toson
Pace Environmental Law Review
In April of 2013, Democratic Senator Chris Coons of Delaware introduced legislation that seeks to level the playing field between renewable and non-renewable energy companies. Titled the “Master Limited Partnerships Parity Act” (MLPPA), the legislation would amend the federal tax code to allow renewable energy companies to form master limited partnerships and thereby gain valuable financing and tax advantages. This legislation would clear the way for the formation of master limited partnerships investing in renewable energy, which would have significant impact on clean energy production in the United States. This article discusses the Master Limited Partnerships Parity Act and explores …
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella
Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella
Sara Mammarella
On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.
This article will examine the effectiveness of the regulatory scheme in place that was …
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Jorge A Mestre
No abstract provided.
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Dalhousie Law Journal
In the nineteenth century, before farmers could purchase inexpensive chemical fertilizers, farmers on Prince Edward Island looked to the sea and the shore for nutrients to add to their soils. When disputes over who had the right to gather seaweed led to litigation, judges ruled that the owners of property fronting on the shore had the exclusive right to seaweed cast up on the shore, both above and belot, the high water mark. These rulings did little to dispel the popular perception that seaweed, a gift of nature, was a common resource that belonged to the people who collected it. …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Columbia Center on Sustainable Investment Books
In December 2013, a diverse group of 14 experts from Africa, Asia, North and South America, and Europe worked together for five days to produce a user-friendly guide in English and in French on "Mining Contracts: How to Read and Understand Them," to help policy makers, civil society, citizens, and the media understand the often complex and opaque terms of mining contracts. With increasing calls for contract transparency – and the growing recognition of the importance of the terms of contracts for resource-rich countries – this book explains in layman’s terms the principal features of a contract, compares different approaches …
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Functional Government In 3-D, Robert L. Glicksman, Alejandro E. Camacho
Functional Government In 3-D, Robert L. Glicksman, Alejandro E. Camacho
Robert L. Glicksman
The creation of new administrative agencies and the realignment of existing governmental authority are commonplace and high-stakes events, as illustrated by the recent creation of the Department of Homeland Security after 9/11 and of new financial regulatory agencies after the global recession of 2009. Scholars and policymakers have not devoted sufficient attention to this subject, failing to clearly identify the different dimensions along which government authority may be structured or to consider the relationships among them. Analysis of these institutional design issues typically also gives short shrift to whether authority should be allocated differently based on agency function. These failures …
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben
The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben
Brett M Paben
No abstract provided.
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
The Land Use Planning, Water Resources And Climate Change Adaptation Connection: Challenges And Opportunities, Bobbie Klein, Douglas S. Kenney
The Land Use Planning, Water Resources And Climate Change Adaptation Connection: Challenges And Opportunities, Bobbie Klein, Douglas S. Kenney
Books, Reports, and Studies
[15] p. ; 28 cm
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Books, Reports, and Studies
7 p. : col. ill., maps
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.