Law Commons^™

Missouri Oil And Gas Update, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Chevron's Legacy, Justice Scalia's Two Enigmatic Dissents, And His Return To The Fold In City Of Arlington, Tex. V. Fcc, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Faculty Scholarship

No abstract provided.

Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie

Barry Law Review

No abstract provided.

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal (EELJ)

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that …

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske

Faculty Scholarship

No abstract provided.

The Fair Labor Standards Act Exemptions And The Pharmaceuticals Industry: Are Sales Representatives Entitled To Overtime?, Steven I. Locke

Barry Law Review

This article discusses the battle in the courts as to whether highly compensated pharmaceutical sales representatives are entitled to overtime pay under the Fair Labor Standards Act, or whether they are excluded from such an entitlement under one or more of the Act’s “exemptions.” This article also conducts a review of the courts’ various conflicting positions and charts a course for addressing the issue before the Courts of Appeals and ultimately the Supreme Court.

Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.