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Articles 1 - 28 of 28
Full-Text Articles in Law
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.
In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.
Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Articles by Maurer Faculty
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt empirical tools, and our findings indicate that it lags behind other fields. There are several clear benefits from an empirical agenda to explore how to make environmental law more effective. But no previous article has applied the lessons from empirical scholarship in other fields to environmental …
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead
Indiana Journal of Global Legal Studies
This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Enabling Investments In Environmental Sustainability, Heather Hughes
Enabling Investments In Environmental Sustainability, Heather Hughes
Indiana Law Journal
No abstract provided.
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Indiana Journal of Global Legal Studies
The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been …
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
Articles by Maurer Faculty
A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Articles by Maurer Faculty
The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.
Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Articles by Maurer Faculty
No abstract provided.
International Control Of Cholera: An Environmental Perspective To Infectious Disease Control, Julia A. Jones
International Control Of Cholera: An Environmental Perspective To Infectious Disease Control, Julia A. Jones
Indiana Law Journal
No abstract provided.
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone
Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone
Indiana Law Journal
No abstract provided.
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi
Indiana Law Journal
No abstract provided.
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
Articles by Maurer Faculty
In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman
Articles by Maurer Faculty
This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Articles by Maurer Faculty
No abstract provided.
Epa Inspections By Private Consultants And Trade Secret Confidentiality, Sharon L. Groeger
Epa Inspections By Private Consultants And Trade Secret Confidentiality, Sharon L. Groeger
Indiana Law Journal
No abstract provided.
The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson
The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson
Indiana Law Journal
No abstract provided.
Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison
Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison
IUSTITIA
What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers
Indiana Law Journal
No abstract provided.
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock
Indiana Law Journal
No abstract provided.
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Indiana Law Journal
No abstract provided.