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Full-Text Articles in Law
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler
"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler
David D. Butler
Much of what any given generation thinks of as "natural," is, in fact, the result of a prevoious generation's civil engineering projects. Medieval French peasants used to say that mythical giants built the Roman acquiducts of Southern France, because the notion that mere humans could have constructed such systems was simply beyond their post Black-Death conception.
Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets
Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets
Robert R.M. Verchick
In the absence of a federal legislation directing government to adapt to the unavoidable effects of climate change, the Obama administration has put its faith in existing environmental laws like the Clean Air Act (“CAA”), the Endangered Species Act (“ESA”), and the National Environmental Policy Act (“NEPA”). But often federal objectives focus only on reducing greenhouse gases—what experts call “mitigation”—and neglect strategies for coping with the climate disruptions that we cannot avoid—otherwise known as “adaptation.” Where the federal policy falls short, states are beginning to experiment on their own with climate adaptation strategies. This essay examines both approaches, mitigation and …
Requiem For Regulation, Garrett Power
Requiem For Regulation, Garrett Power
Garrett Power
This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …