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Full-Text Articles in Law

Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson Jan 2024

Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson

Seattle Journal for Social Justice

No abstract provided.


Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster Apr 2023

Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …


The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk Dec 2020

The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk

Seattle Journal of Technology, Environmental & Innovation Law

In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …


The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton Dec 2020

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph May 2019

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.


Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood Dec 2018

Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood

American Indian Law Journal

As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …


Freshwater Reservoirs: Global Warming’S Best Kept Secret, Beau Baily Jan 2018

Freshwater Reservoirs: Global Warming’S Best Kept Secret, Beau Baily

Seattle Journal of Environmental Law

Fresh water reservoir construction involves the decomposition of plants that were previously able to absorb greenhouse gas and prevent its release into the atmosphere. With these plants no longer able to absorb greenhouse gas, it is released into the atmosphere, making freshwater reservoirs a source of global warming. Due to an increasing demand for clean energy, countries are planning and constructing dams at unprecedented rates. With dams come reservoirs. While hydroelectric energy is clean energy, the methods used to harness that clean energy create environmental problems that contribute to global warming. Ironically, this hydroelectric boom could do more harm than …


How The Public Trust Doctrine’S Fiduciary Duty Requirement Requires States’ Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine Jan 2016

How The Public Trust Doctrine’S Fiduciary Duty Requirement Requires States’ Proactive Response To Promote Offshore Power Generation, Andrew S. Ballentine

Seattle Journal of Environmental Law

No abstract provided.


Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown Jan 2008

Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown

Seattle University Law Review

This Comment argues that Washington's renewable energy tax incentives likely discriminate against interstate commerce. More importantly, however, it contends that although these types of tax incentives violate the Commerce Clause, Congress can and should pass legislation authorizing their use under the state police power.