Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (5)
- Energy and Utilities Law (4)
- Health Law and Policy (3)
- Intellectual Property Law (3)
- International Law (3)
-
- International Trade Law (3)
- Natural Resources Law (3)
- Administrative Law (2)
- Comparative and Foreign Law (2)
- Geography (2)
- Human Geography (2)
- Human Rights Law (2)
- International Relations (2)
- International and Area Studies (2)
- Law and Society (2)
- Legal Studies (2)
- Legal Theory (2)
- Nature and Society Relations (2)
- Oil, Gas, and Mineral Law (2)
- Other International and Area Studies (2)
- Other Legal Studies (2)
- Physical and Environmental Geography (2)
- Political Science (2)
- Public Law and Legal Theory (2)
- Science and Technology Law (2)
- Science and Technology Studies (2)
- Social and Behavioral Sciences (2)
- Water Law (2)
- Agricultural and Resource Economics (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
The Boundaries Of Public Nuisance, Richard O. Faulk, John S. Gray
The Boundaries Of Public Nuisance, Richard O. Faulk, John S. Gray
Richard Faulk
Over the past 20 years, government entities have sought to use the vagueness of generic public nuisance statutes to address complex public health issues, including tobacco use, gun violence, childhood lead poisoning, global warming and the fallout from the subprime mortgage meltdown. Because the tort of public nuisance is so amorphous, many of these entities have sought to is so amorphous, many of these entities have sought to blam industry for societal problems even when the actual harm is often caused by third and fourth parties who misuse or abuse industry's products. Some sympathetic judges have issued abatement orders that …
Hannibal Eclipsed? Envelopment By Public Nuisance, Richard Faulk
Hannibal Eclipsed? Envelopment By Public Nuisance, Richard Faulk
Richard Faulk
Only recently, the ancient tort of public nuisance was “down” and in the process of being “counted out” when its expansion was rejected by the highest courts of New Jersey, Rhode Island, Missouri and Ohio. Within the past year, however, it was remarkably resuscitated by federal courts that approved it as a vehicle for redressing climate change and interstate pollution. Without the constraints of geography, public nuisance now “spans the globe” in an enveloping maneuver that threatens to reduce Hannibal’s legendary victory at Cannae to a mere neighborhood brawl. Unless the tort’s scope is narrowed by reviewing courts, its pincer …
The Theater Of Climate Change, Richard Faulk
The Theater Of Climate Change, Richard Faulk
Richard Faulk
President Obama's unilateralism promises nothing to avert planetary disasters, and since the fabled “green economy” is, at least presently, an elusive myth, one can only conclude that there must be another agenda: wealth redistribution for its own sake. If any other result is intended, it has not been credibly articulated. Unless a realistic, reliable and transparent program for replacing our wealth is created, siphoning current resources will diminish and ultimately extinguish American prosperity.
Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilites For Public Companies, Matthew P. Allen, Eric M. Jamison, Mark J. Bennett
Sec Opens The Door For Climate Change-Related Shareholder Proposals And Disclosure Requirements, With Potential New Liabilites For Public Companies, Matthew P. Allen, Eric M. Jamison, Mark J. Bennett
Eric Jamison
The 2009 proxy season saw a record number of shareholder resolutions related to climate change that were directed at a range of industries, including automotive, finance, building, oil, and power generation. Investors are increasingly seeking information from publicly held companies regarding their relative risk position to climate change. Shareholder resolutions seek information about greenhouse gas emissions, energy usage, and go as far as seeking emissions reduction targets. Shareholders are even requesting that financial institutions and banks adopt resolutions limiting or eliminating their lending and investment relationships with companies that present environmental risk. Historically, companies were generally entitled to exclude environmental …
Ecological Footprint And Sustainable Development, Gautami S. Tondapu
Ecological Footprint And Sustainable Development, Gautami S. Tondapu
Gautami S. Tondapu Ms.
Ecological Footprinting is now widely used around the globe as an indicator of environmental sustainability. It is commonly used to explore the sustainability of individual lifestyles, goods and services, organizations, industry sectors, regions and nations. It is a way of determining relative consumption for the purpose of educating people about their resource use and, sometimes, triggering them to change how they consume. In this context development can be considered sustainable when it ‘meets the needs of the present without compromising the ability of future generations to meet their own needs.’ In this endeavour nations shall be committed to mitigate and …
The Winter Of Our Discontent: The Impact Of Copenhagen's Failure, Richard Faulk
The Winter Of Our Discontent: The Impact Of Copenhagen's Failure, Richard Faulk
Richard Faulk
Far from treating climate change as a “universal” problem that transcends national boundaries, the Copenhagen conference devolved into a frustrating exercise in nationalism, where individual nations, or groups of nations, tried to satisfy their particular needs, as opposed to redressing global climate problems. Now that Copenhagen’s uproar has faded, it is appropriate to evaluate the consequences of the conference’s failure for American industry.
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
The Copenhagen Accord And Climate Innovation Centres, Matthew Rimmer
Matthew Rimmer
After much hue and cry, the Copenhagen negotiations over intellectual property and climate change ended in a stalemate and an impasse. There was a gulf between the views of intellectual property maximalists who demanded strong protection of intellectual property rights in respect of clean technologies; and nation states and civil society groups calling for special measures to facilitate technology transfer. As a result, the Copenhagen Accord did contain any text on intellectual property and climate change. Nonetheless, the Copenhagen Accord does, though, contain an important compromise. The text provides for a technology mechanism, which envisages a network of Climate Innovation …
Carbon Taxation In Theory And In Practice, David Duff, Shi-Ling Hsu
Carbon Taxation In Theory And In Practice, David Duff, Shi-Ling Hsu
Shi-Ling Hsu
There are a number of regulatory approaches to addressing the problem of global climate change, but four stand out: (i) carbon taxation, (ii) cap-and-trade programs, (iii) government subsidies, and (iv) so-called command-and-control regulation. This paper sets out a list of economic, political, and legal reasons for favouring carbon taxation over all of the other options. We do not argue that carbon taxation is the only solution to climate change, but that it should serve as the centerpiece of national governmental responses to the problem of climate change. Indeed, one reason we favour carbon taxation is precisely because it leaves room …
The Copenhagen Accord And The Future Of The International Climate Change Regime, Francesco Sindico
The Copenhagen Accord And The Future Of The International Climate Change Regime, Francesco Sindico
Francesco Sindico
This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Hot Points Special Edition Climate Change, Eric Jamison
Hot Points Special Edition Climate Change, Eric Jamison
Eric Jamison
Hot Points Special Edition Climate Change focuses on legal developments related to the emerging trends in climate law and policy.