Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (201)
- Physical Sciences and Mathematics (51)
- Earth Sciences (49)
- Oceanography and Atmospheric Sciences and Meteorology (46)
- Land Use Law (31)
-
- Natural Resources Law (30)
- Constitutional Law (24)
- Water Law (17)
- International Law (16)
- Law and Society (16)
- Law and Politics (13)
- Legal History (13)
- Legal Writing and Research (11)
- Energy and Utilities Law (9)
- Comparative and Foreign Law (8)
- Law and Economics (8)
- Social and Behavioral Sciences (8)
- Administrative Law (7)
- Legislation (6)
- Property Law and Real Estate (6)
- Agriculture Law (5)
- Economics (5)
- Human Rights Law (5)
- Legal Education (5)
- Legal Ethics and Professional Responsibility (5)
- Social Welfare Law (5)
- State and Local Government Law (5)
- Business Organizations Law (4)
- Oil, Gas, and Mineral Law (4)
- Publication Year
- Publication
-
- John C. Dernbach (61)
- James R. May (40)
- David R. Hodas (32)
- Erin Daly (15)
- Carmen G. Gonzalez (12)
-
- Mary Jane Angelo (11)
- Zygmunt J.B. Plater (11)
- Kenneth T Kristl (10)
- Alyson Flournoy (9)
- Garrett Power (8)
- Alice Kaswan (6)
- Michael Vandenbergh (6)
- Robert Percival (6)
- Patricia E. Salkin (5)
- Evgenia Pavlovskaia (4)
- Jill M. Fraley (4)
- Andrew L. Strauss (3)
- Donald J. Kochan (3)
- Eric Biber (3)
- Michael Blumm (3)
- Daniel A Farber (2)
- David A. Wirth (2)
- Deepa Badrinarayana (2)
- Erin Ryan (2)
- John Copeland Nagle (2)
- Michael A Wolf (2)
- Rena I. Steinzor (2)
- Thomas T Ankersen (2)
- Albert C Lin (1)
- Andrew T Guzman (1)
- File Type
Articles 1 - 30 of 305
Full-Text Articles in Law
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle
Eric Biber
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii
James T Gathii
This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Donald J. Kochan
The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann
The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann
Michael Vandenbergh
Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated 60-80% over the long term. To achieve these reductions, we argue that policymakers and regulators should focus not only on factories and other industrial sources of emissions but also on individuals. We construct a model that demonstrates that individuals contribute roughly one-third of carbon dioxide emissions in the United States. This one-third share accounts for roughly 8% of the world's total, more than the total emissions of any other country except China, and more than several …
The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh
The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh
Michael Vandenbergh
No abstract provided.
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
Michael Vandenbergh
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …
Climate Change: The China Problem, Michael P. Vandenbergh
Climate Change: The China Problem, Michael P. Vandenbergh
Michael Vandenbergh
The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States as the largest greenhouse gas emitter, and its projected future emissions far outstrip those of any other nation. Although the United States has been the largest emitter for years, China's emissions have enabled critics in the United States to argue that domestic reductions will be ineffective and will transfer jobs to China. These two aspects of the China Problem, Chinese emissions and their influence on the political process …
Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly
Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly
Michael Vandenbergh
A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …
Climate Change Governance: Boundaries And Leakage, Michael P. Vandenbergh, Mark A. Cohen
Climate Change Governance: Boundaries And Leakage, Michael P. Vandenbergh, Mark A. Cohen
Michael Vandenbergh
This article provides a critical missing piece to the global climate change governance puzzle: how to create incentives for the major developing countries to reduce carbon emissions. The major developing countries are projected to account for 80% of the global emissions growth over the next several decades, and substantial reductions in the risk of catastrophic climate change will not be possible without a change in this emissions path. Yet the global climate governance measures proposed to date have not succeeded and may be locking in disincentives as carbon-intensive production shifts from developed to developing countries. A multi-pronged governance approach will …
Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa
Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa
Ryan B. Stoa
Humanity's impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modem geological age-the "Anthropocene." The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveal a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular are often conceptualized as unforeseeable …
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell
Peter Menell
No abstract provided.
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Errol Meidinger
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Holly Doremus
Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
The Future Of Environmental Law And Complexities Of Scale: Federalism Experiments With Climate Change Under The Clean Air Act, Hari M. Osofsky
Hari Osofsky
Since its inception, the Clean Air Act ("CAA") has served as an experiment in environmental governance models. As importantly, the CAA has had to be flexible in responding to our evolving understandings of environmental problems. Whether through amendments or new regulatory regimes under existing provisions, the statute has served as a key mechanism in the U.S. federal government's efforts to respond to complex environmental challenges. This Article focuses on the CAA's efforts to grapple with complexities of regulatory scale as an illustration of the new directions in environmental law that are the focus of this symposium. Air moves around over …
Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May
Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May
Erin Daly
No abstract provided.
Environmental Dignity Rights Primer, Erin Daly
New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi
New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi
Erin Daly
No abstract provided.
New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi
New Frontiers In Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May, Caiphas Soyapi
James R. May
No abstract provided.
Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May
Introduction To Environmental Constitutionalism, Erin Daly, Louis Kotze, James R. May
James R. May
No abstract provided.
Sustainability And Global Environmental Constitutionalism, James R. May
Sustainability And Global Environmental Constitutionalism, James R. May
James R. May
No abstract provided.
Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly
Judicial Handbook On Environmental Constitutionalism, James R. May, Erin Daly
James R. May
No abstract provided.
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
Subnational Environmental Constitutionalism And Reform In New York State, James R. May
James R. May
Environmental Racism, Amerian Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, Amerian Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Deepa Badrinarayana
Appliance Efficiency, David R. Hodas
Appliance Efficiency, David R. Hodas
David R. Hodas
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
California Climate Law---Model Or Object Lesson?, Daniel A. Farber
Daniel A Farber
In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …
Adaptive Management And The Future Of Environmental Law, Eric Biber
Adaptive Management And The Future Of Environmental Law, Eric Biber
Eric Biber
Adaptive management is the new paradigm in environmental law. It is omnipresent in scholarship and management documents and is even starting to appear in court opinions. There have been many calls for environmental law to adapt itself to adaptive management by becoming more flexible and dynamic. But does adaptive management really warrant a revolution in environmental law? Or is it adaptive management that might need to adapt to the world of environmental law? There has been an abundance of scholarship on the strengths of adaptive management, making the case for changing environmental law to embrace adaptive management. But answering the …
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Christine A. Klein
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …
The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl