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Full-Text Articles in Law
Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz
Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz
Contributions to Books
This is Chapter 14 of the book entitled "Research Handbook on Intellectual Property and Climate Change", edited by Joshua D. Sarnoff and published in Spring 2016 by EE Elgar. The co-authors are Professors of Law specializing in International Trade Law.
The chapter aims to identify some of the major sources of tension between climate change-related measures proposed or implemented on the national level and the trading rules as they have been applied by the WTO dispute settlement bodies over the past nearly 20 years. The chapter first describes three categories of national approaches to climate change, and highlights the potential …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Contributions to Books
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Environment, Energy, And Resources Law, Amanda Leiter
Environment, Energy, And Resources Law, Amanda Leiter
Contributions to Books
This chapter from The Year in Review, published by the ABA Section on Environment, Energy and Resources, covers developments during 2013 in the areas of standing, Commerce Clause, political question doctrine, preemption, takings, due process, First Amendment, Tenth Amendment, and state constitutional law.
Untitled Chapter, William Snape
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser
Books
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …