Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Twin Environmental Law Problems Of Preemption And Political Scale, Erin Ryan
The Twin Environmental Law Problems Of Preemption And Political Scale, Erin Ryan
Scholarly Publications
This is a daunting moment for the United States environmental movement. Since 2017, it often seems that federal environmental law is being systematically dismantled—most aggressively by the executive branch, but with tacit support from much of the sitting legislature, and likely with increasing support from the judiciary as well. For environmentalists, the assault on the regulatory accomplishments made over decades of previous lawmaking is cause for grief, but it also compels preparation for the challenges yet to come. This chapter advises environmentalists to resist federal preemption of state regulation and to think creatively about how to accomplish the goals of …
Environmental Rights For The 21st Century: A Comprehensive Analysis Of The Public Trust Doctrine And Rights Of Nature Movement, Erin Ryan, Holly Curry, Hayes Rule
Environmental Rights For The 21st Century: A Comprehensive Analysis Of The Public Trust Doctrine And Rights Of Nature Movement, Erin Ryan, Holly Curry, Hayes Rule
Scholarly Publications
This Article contrasts two theoretically distinct approaches to pursuing related objectives of environmental protection: the public trust doctrine and the rights of nature movement. It reviews the development of public trust and rights of nature principles in both domestic and international legal contexts, and explores points of theoretical commonality and contrast between the two, giving special attention to the opposing systems of environmental ethics from which the anthropocentric public trust and ecocentric rights of nature principles arise. The marked jurisdictional variation associated with both approaches suggests their evolving and inchoate nature as a guarantor of environmental rights. Moreover, both are …
Environmental Law. Disrupted., Erin Ryan
Environmental Law. Disrupted., Erin Ryan
Scholarly Publications
The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a biannual series of postings and essays, the authors, members of the Environmental Law Collaborative (ELC), have taken on the question of whether environmental law as we currently know it is up to the job of addressing these threats; and, if not, what the path forward …
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Scholarly Publications
This very short essay, written as a memo to environmental advocates during a destabilizing moment in environmental law, advises them to (1) resist federal preemption of state regulation, (2) scrutinize the strategic deployment of property rights to block future regulation, and (3) think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority. In short, it advises that advocates ensure that the campaign to dismantle federal environmental law does not spill over into displacing state and local efforts to fill the void. They also must push back against the strategic deployment of property rights …
The Bugaboo Of Federal Preemption: An Analysis Of The Relationship Between A Federal Collective Bargaining Statute For Employees Of State And Local Governments And State Statutes Affecting Such Employees, Robert H. Chanin, Elise T. Snyder
The Bugaboo Of Federal Preemption: An Analysis Of The Relationship Between A Federal Collective Bargaining Statute For Employees Of State And Local Governments And State Statutes Affecting Such Employees, Robert H. Chanin, Elise T. Snyder
Florida State University Law Review
No abstract provided.
Goldstein V. California, 412 U.S. 546 (1973), Florida State University Law Review
Goldstein V. California, 412 U.S. 546 (1973), Florida State University Law Review
Florida State University Law Review
Copyright-SOUND RECORDINGS-CALIFORNIA STATUTE PROHIBITING MUSIC PIRACY IS A VALID EXERCISE OF RETAINED STATE POWERS AND DOES NOT CONFLICT WITH FEDERAL COPYRIGHT PROTECTION.