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Full-Text Articles in Law

Water Law And Climate Disasters, Robin Kundis Craig Jan 2017

Water Law And Climate Disasters, Robin Kundis Craig

Utah Law Faculty Scholarship

Climate and water supply have always been intimately connected. As a result, a given society’s water law generally reflects climatic realities, including its most common climate disasters. In the future, however, water-related climate disasters are likely to increase in frequency and perhaps even change in kind, because some of the most-predicted consequences of climate change are impacts on water supply, although those impacts will vary from region to region. This chapter examines the roles of water law in addressing three different forms of water-related climate disasters: drought, flooding, and coastal inundation. Each discussion begins with a closer examination of the …


Zero Sum Games In Pollution Control: The Games We Create Versus The Games We Discover, Robin Kundis Craig Jan 2017

Zero Sum Games In Pollution Control: The Games We Create Versus The Games We Discover, Robin Kundis Craig

Utah Law Faculty Scholarship

Environmental pollution lands us in zero-sum games. The more interesting question is: Do we discover these games? Or do we invent them? In other words, are there hard environmental limits on how much anthropogenic pollution natural systems can absorb, which we eventually discover? Or do we create zero-sum games for pollution purely as a result of our own goals for both ecosystems and social-ecological systems (SESs, a recognition that human societies are both part of and depend upon functioning ecosystems)? In fact, we do both, and the intersection of the two in a climate change era is worth examination.


Putting Resilience Theory Into Practice: The Example Of Fisheries Management, Robin Kundis Craig Jan 2017

Putting Resilience Theory Into Practice: The Example Of Fisheries Management, Robin Kundis Craig

Utah Law Faculty Scholarship

By acknowledging a world of continuous change and reduced human control over nature, resilience theory thus suggests a wide range of potential changes to marine fisheries management for a changing ocean. Even the most modest of these, however, should inspire comprehensive amendments to both domestic and international fisheries law, particularly to their emphases on MSY. Full incorporation of resilience thinking, in turn, demands a longer-term and system-based perspective on marine management, empowering humans to make choices now to strengthen the ecological resilience of marine ecosystems to the changes that are still coming, increasing the chances that the ocean will remain …


Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff Jan 2017

Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff

Utah Law Faculty Scholarship

Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …


Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes Jan 2017

Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes

Utah Law Faculty Scholarship

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …


Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind Jan 2016

Role-Play Simulations For Climate Change Adaptation Education And Engagement, Danya Rumore, Todd Schenk, Lawrence Susskind

Utah Law Faculty Scholarship

In order to effectively adapt to climate change, public officials and other stakeholders need to rapidly enhance their understanding of local risks and ability to collaboratively and adaptively respond. We argue that science-based role-play simulation exercises, a type of ‘serious game’ involving face-to-face mock decision-making, have considerable potential as education and engagement tools for enhancing readiness to adapt. Prior research suggests role-play simulations and other serious games can foster public learning and encourage collective action in public policy-making contexts. However, the effectiveness of such exercises in the context of climate change adaptation education and engagement has heretofore been underexplored. We …