Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Endangered Species Act (2)
- Commerce Clause (1)
- Conservation (1)
- Ecosystem (1)
- Enforcement (1)
-
- Enumerated power (1)
- Environmentalist (1)
- Fish (1)
- Fishing (1)
- International environmental law (1)
- International waters (1)
- Interstate commerce (1)
- Marine life (1)
- Migratory Bird Treaty Act (1)
- Multiple-Use Sustained-Yield Act of 1960 (1)
- National Forest Management Act of 1976 (1)
- Oceans (1)
- Permit (1)
- Potential effect (1)
- Preseault v. Interstate Commerce Commission (1)
- Property Clause (1)
- Prosecutorial discretion (1)
- Ships (1)
- Statutory interpretation (1)
- Take and kill (1)
- Territoriality (1)
- Treaties (1)
- United States v. Corbin Farm Services (1)
- United States v. FMC Corp. (1)
- United States v. Lopez (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means
Michigan Law Review
Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to regulate hunting, the MBTA makes it illegal to "take" or "kill" migratory birds without a permit. The MBTA imposes strict liability for a violation. A heady combination of strict liability, criminal penalty provisions, and vague language, the MBTA appeals to those seeking to control land use activity. Some environmentalists advocate an interpretation of the MBTA that, contrary to legislative intent and 80 years of enforcement practice, would …
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle
The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle
Michigan Law Review
The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Michigan Journal of International Law
This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.