Law Commons^™

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

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The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

Inclusiveness: Advancing Environmental Justice In A Diverse Democracy, Irma S. Russell, Alexandra D. Dunn

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Today, environmental justice (EJ) is more than a significant and meaningful social movement. EJ has now emerged—after at least five decades—as a major initiative for the federal government and for many state governments. Since the beginnings of the EJ movement, its proponents have sought redress for the disproportionate and negative impacts of generations of environmental policy and siting decisions that resulted in adverse effects on the health, environment, economics, and climate of disadvantaged communities. Scientific research and “big data” programs now provide evidence supporting community EJ claims, and laws such as the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction …

Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

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Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.

Visual Appropriation Art, Transformativeness, And Fungibility, Jasmine C. Abdel-Khalik

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As an intentionally flexible doctrine, fair use in copyright has a long history of ambiguity and criticism. While courts have developed various standards and considerations to give fair use some shape, key decisions have generally done so in the context of textual material. Likewise, the examples in Judge Leval’s seminal work on fair use involve textual material. His argument to assess the first fair use factor based on transformativeness has won the day. But in contrast to the textual examples, interpreting the meaning and transformation of visual works is rife with danger.

Recent appropriation art cases exemplify this danger and …

The Green Economy: Strategic Planning For A Future?, Irma S. Russell

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While the green economy is uniquely dependent on imagination, it is not imaginary. While it needs ideas to grow, it is not necessarily ideological. The term “green economy” brings to mind for many people wind turbines and solar energy installations, and, perhaps, organic produce and free-range chickens as well. All these usages convey the sense of “sustainability.” The use of the term “green” -- long associated with growth and life -- is in keeping with the term “sustainability” as articulated in the 1987 United Nation Brundtland Report, entitled Our Common Future. The report defines the term “sustainability” as “meeting the …

The Use And Preservation Of Grasslands: The Logic Of Hard Lessons, Irma S. Russell

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Planning for preservation of grasslands and all environmental resources is essential for the long-term well-being of the environment and humans. The interrelated nature of all resources of the physical world requires sustainable practices to maintain productivity and life. Recognition that the often-overlooked resource of grasslands is foundational to economic, environmental, and political stability of the region leads to the conclusion that planning for the long-range health of grasslands is essential to the economy as well as to the environment. Part II of this article explores the history of grasslands of the Midwest. It identifies the historical mismanagement of grasslands and …

Emergency Lawyering In Environmental Law Today, Irma S. Russell

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No abstract provided.

Ethical Considerations For Practitioners Advising On Esa Issues, Irma S. Russell

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All lawyers are subject to the rules of ethics and professional conduct of their jurisdictions of practice. Regulation of lawyers is within the jurisdiction of the states, typically the supreme court of each state. Many state supreme courts have adopted customized versions of the professional rules from the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). While the Model Rules are not law in any jurisdiction, most states base their ethics codes on the Model Rules. In fact, all jurisdictions, with the exception of California, now base their ethics rules on the Model Rules. Additionally, courts have inherent …

Developments In Synthetic Biology Are Altering The Ip Imperatives Of Biotechnology, Christopher M. Holman

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While the accomplishments of the biotechnology industry have been substantial, recent technological advances promise to dramatically increase the power and utility of the discipline over the coming years. The term “synthetic biology” has been coined to describe the application of these powerful new tools to the engineering of synthetic genetic sequences and organisms. In essence, synthetic biology represents the next iteration in the ongoing evolution of biotechnology, and hopes run high that in time, the fruits of synthetic biology will dwarf the past successes of conventional biotechnology. There is, however, some concern that the current patent-centric approach to Intellectual Property …

Time For A Restatement, Tracy Hester, Robert Percival, Irma S. Russell, Victor Flatt, Joel A. Mintz

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No abstract provided.

To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr

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No abstract provided.

Introduction: The Sustainability Principle, Irma S. Russell

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No abstract provided.

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

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No abstract provided.

The Sustainability Principle In Energy, Irma S. Russell

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No abstract provided.

Measure For Measure: Cost Benefit Analysis And Environmental Policy, Irma S. Russell

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No abstract provided.

State And Local Governments Address The Twin Challenges Of Climate Change And Energy Alternatives, Irma S. Russell, Jeffery S. Dennis

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No abstract provided.

Possession: An Essay On Values Necessary For The Preservation Of Wild Lands And Traditional Tribal Cultures, John W. Ragsdale Jr

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No abstract provided.

The Power Structure: Energy, Politics, And The Public Interest In The Lng Debate, Irma S. Russell

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No abstract provided.

A Multiple-Strategy Approach To Solving The Energy Puzzle, Irma S. Russell

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This article describes the complex issues facing the energy needs and policies of the United States. The article notes that the role of the United States on the world stage and the health of the public and the environment depend on successfully solving the energy puzzle to harmonize economic development, sustainable use of the resources, and public safety. The article concludes that part of the difficulty of the debate may arise from an assumption that a single solution to the problem awaits and suggests that instead the only way forward is a policy of diversification and multiple strategies, encouraging conservation …

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

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No abstract provided.

Alternative Communities For The High Plains: An Exploratory Essay On Holistic Responses To Issues Of Environment, Economy, And Society, John W. Ragsdale Jr

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No abstract provided.

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

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No abstract provided.

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

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No abstract provided.

The Buffalo River: Jurisprudence Of Preservation, John W. Ragsdale Jr

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No abstract provided.

Transfers From Retirement Plans To Charities And Charitable Remainder Trusts: Laws, Issues And Opportunities, Christopher R. Hoyt

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No abstract provided.

The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell

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No abstract provided.

The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr

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No abstract provided.

New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder

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No abstract provided.

Are All Species Created Equal--And Other Questions Shaping Wildlife Law, Douglas O. Linder

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No abstract provided.

Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr

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No abstract provided.